15 Fla. L. Weekly Supp. 398b
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier of 1.25 is awarded where relevant market requires multiplier to obtain competent counsel in PIP matters, insured had difficulty obtaining counsel, and likelihood of success at outset was 40% – 70% — Expert witness fee, costs and prejudgment interest awarded
WILLIAM SIMPSON, Plaintiff, vs. PERMANENT GENERAL ASSURANCE CORPORATION, Defendant. County Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-2006-CC-033466-XXXX-XX. November 29, 2007. William McCluan, Judge. Counsel: Joseph T. Metzger. Patrick J. Deese, Patrick J. Deese, P.A., Melbourne.
FINAL JUDGMENT AGAINST DEFENDANT FOR ATTORNEY FEES AND COSTS
THIS CAUSE having come on to be heard on Plaintiff, WILLIAM SIMPSON’s Motion for Attorney’s Fees and Costs on August 28, 2007 and September 24, 2007, and the Court, having heard testimony of counsel, having reviewed the deposition testimony of Alvin Williams, Mabel Simpson, William Simpson and James White, having reviewed the live and deposition testimony from expert witnesses, having reviewed the court’s file and being fully advised in the premises, hereby FINDS:
1. Plaintiff is entitled to an award of reasonable attorney’s fees and costs, pursuant to Fla. Stat. Sec. 627.428 and as the prevailing party.
2. Plaintiff is entitled to an award of 50 hours at a rate of $250.00 per hour, for a total lodestar fee of $12,500.00.
3. In addition, pursuant to Standard Guaranty Insurance Company v. Quanstrom, 555 So.2d 828 (Fla. 1990), the court has considered whether to apply a multiplier in this case. After considering the factors outlined in Quanstrom, the court finds that it is appropriate to apply a multiplier. The Court finds that the relevant market requires a contingent fee multiplier in order for Plaintiff to obtain competent legal counsel in personal injury protection matters, and that the plaintiff had difficulty obtaining competent counsel in this case. The Court further finds that the likelihood of success at the outset of this case for the Plaintiff was from 40% to 70%.The Court awards a multiplier of 1.25.
4. The amount of interest accruing on the award of attorney’s fees at 11% per annum from 02/08/2007 (the date of entitlement to fees) up through the date of this order is $1,384.42.
5. The Plaintiff is entitled to recover costs in the amount of $635.03.
6. Plaintiff was required to obtain an expert witness to testify about matters related to attorney’s fees and costs. It was reasonable for Plaintiff’s expert witness, Sam Henderson, Esquire, to have expended 2.0 hours work on this matter and it is reasonable to compensate him at a rate of $250 per hour for a total of $500.00.
7. The total amount of attorney’s fees, costs, and interest awarded to Plaintiff is: $15,625 (fees) + $635.03 (costs) + $1,384.42 (interest) = $17,644.45 (total). Plaintiff is entitled to recover expert witness fees in the amount of $500.00. The total of all awarded sums of $18,144.45 shall bear interest at the legal rate of 11%, for which let execution issue.
8. That jurisdiction is reserved as to reasonable attorney’s fees and costs upon proper motion if appropriate.
