15 Fla. L. Weekly Supp. 1190a
Insurance — Personal injury protection — Attorney’s fees — Amount
CHRISTINA N. KLOBUCHAR, Plaintiff, vs. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. Small Claims,9th Judicial Circuit in and for Orange County. Case No. 04-SC-9676. September 30, 2008. Deb S. Blechman, Judge. Counsel: Todd E. Copeland, Orlando, for Plaintiff. George Milev, Adams & Diaco, P.A., Orlando.
FINAL JUDGMENT AWARDING ATTORNEY’S FEES AND COSTS
THIS CAUSE came on to be heard on the Plaintiff’s Motion to Tax Attorney’s Fees and Costs, and the Court having considered the evidence and heard argument of counsel, makes the following findings of fact:
1. Plaintiff’s counsel, Todd E. Copeland, Esquire, reasonably expended 88.3 hours in representing the Plaintiff in this cause.
Plaintiff’s counsel, Robert Anderson, Esquire, reasonably expended 3.75 hours in representing the Plaintiff in this cause.
Plaintiff’s counsel, Jennifer Muir, Esquire, reasonably expended 4.65 hours in representing the Plaintiff in this cause.
Plaintiff’s counsel, Robert J. Crohan Jr., Esquire, reasonably expended 9.70 hours in representing the Plaintiff in this cause.
2. A reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Todd E. Copeland, Esquire, is $350.00 per hour for attorney time.
A reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Robert Anderson, Esquire, is $250.00 per hour for attorney time.
A reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Jennifer Muir, Esquire, is $250.00 per hour for attorney time.
A reasonable hourly rate to be paid by the Defendant to Plaintiff’s counsel, Robert J. Crohan Jr., Esquire, is $325.00 per hour for attorney time.
3. The Court finds that Plaintiff’s counsel undertook the representation of the Plaintiff pursuant to a contingency fee agreement as defined in State Farm Ins. Co. v. Palma, 555 So. 2d 836 (Fla. 1993).
4. The Court has considered all of the factors or criteria set forth in Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985), Standard Guaranty Ins. Co. v. Quanstrom, 555 So. 2d 818 (Fla. 1990), and Bell v. U.S.B. Acquisition Company, Inc., 734 So.2d 403 (Fla. 1999).
5. Taking into consideration the evidence, as well as the above law, the Court finds that the Plaintiff’s likelihood of success at the outset of this case was:
___ less than even (x 2.0-2.5)
___ approximately even (x 1.5-2.0)
_X_ more likely than not (x 1.0-1.5)
Accordingly, a contingency risk multiplier of 1.0 is appropriate and applicable.
6. Based upon this Court’s determination, the total attorney’s fees that the Plaintiff is entitled to recover from the Defendant for the services as attorney before this Court is $36,157.50.
7. Plaintiff’s counsel, Todd E. Copeland, incurred reasonable costs in the amount of $1,395.50 during his representation of the Plaintiff in this case.
8. The Plaintiff is entitled to recover the expert witness fees of attorney Rutledge Bradford, Esquire based upon the holding and reasoning contained in the cases Mangel v. Bob Dance Dodge, Inc., 739 So. 2d 720 (Fla. 5th DCA 1999), Stokus v. Phillips, 651 So. 2d 1244 (Fla. 2d DCA 1995), Straus v. Morton F. Plant Hospital, 478 So. 2d 472 (Fla. 2d DCA 1985), and Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985), and that 6 is a reasonable number of hours to have been expended by Rutledge Bradford, Esquire in reviewing the Plaintiff’s file, preparing for the attorney fee hearing and testifying at that hearing. The Court further finds that $350.00 per hour is a reasonable hourly rate for the services of Rutledge Bradford, Esquire.
9. Prejudgment interest at the statutory rate is due to Plaintiff’s counsel on the attorneys’ fee from 8/8/07 until the entry of this final judgment pursuant to Quality Engineering, Inc. v. Higley South, Inc., 670 So. 2d 929 (Fla. 1996).
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. The Plaintiff’s Motion to Tax Attorney’s Fees and Costs is hereby GRANTED.
2. Plaintiff’s counsel, Todd E. Copeland, for and to the benefit of the Plaintiff CHRISTINA N. KLOBUCHAR, whose address is [Editor’s note: address omitted], does have and recovers from the Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, with an address of 1030 W. Canton Avenue, Ste. 100, Winter Park, Florida 32789, a reasonable attorney’s fee in the amount of $36,157.50 and costs in the amount of $1,395.50, and the expert witness fee of Rutledge Bradford, Esquire in the amount of $2,100.00, for a total sum of $39,653.00, which judgment shall bear interest at the rate of 11% per annum from 8/8/07 until payment in full of the judgment.
