16 Fla. L. Weekly Supp. 1158a
Online Reference: FLWSUPP 1612GRA2
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is not entitled to expert witness fee for deposition testimony, especially where physician is owner of medical provider that filed suit
JOHN GRANONE, P.A., (Patient: CAROLYN COOPER) Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pasco County. Case No. 51-2008-SC-005060-WS. Section W. September 24, 2009. Candy Morris Vandercar, Judge. Counsel: Tammy B Denbo. Chad Christensen.
ORDER ON PLAINTIFF’S MOTION TO DETERMINE REASONABLE EXPERT WITNESS FEE FOR DEPOSITION AND/OR MOTION FOR PROTECTIVE ORDER
THIS CAUSE having come for consideration upon Plaintiff’s Motion to Determine Reasonable Expert Witness Fee for Deposition and/or Motion for Protective Order, scheduled for Friday, August 7, 2009. The pertinent facts are as follows:
FACTS
1. This litigation involves Plaintiff, John Granone, P.A., seeking the recovery of additional Personal Injury Protection benefits from State Farm with regard to State Farm’s insured, Carolyn Cooper.
2. State Farm scheduled the deposition of the treating physician, John Granone, D.C., who is also the President and owner of Plaintiff, John Granone, P.A.
3. Counsel for Plaintiff then filed a Motion to Determine Reasonable Expert Witness Fee for Deposition and/or Motion for Protective Order. Within this motion, counsel for Plaintiff requested that John Granone, D.C. be compensated for his deposition at the rate of five hundred dollars ($500.00) per hour, with a two (2) hour minimum.
4. Counsel for State Farm responded to Plaintiff’s motion and cited to a series of cases where Florida Courts have held that a treating physician is not entitled to an expert witness fee for deposition, especially where the expert is the owner of the corporation that filed suit. See Royal Palm Beach Medical Center (a/a/o Nicole Eisenberg) v. United Automobile Ins. Co., 16 Fla. L. Weekly Supp. 104b (Fla. Palm Beach Cty. Ct. Oct. 28, 2008); Marucci Wellness Center a/a/o Rodriguez v. United Automobile Insurance Company, 15 Fla. L. Weekly Supp. 841a (Fla. Palm Beach Cty. Ct. 2008); Lohmann v. Progressive American Insurance Company, 13 Fla. L. Weekly Supp. 730a (Fla. Palm Beach Cty. Ct. 2006); Occupational and Rehabilitation Center a/a/o Jason Chamblee v. Progressive Express Insurance Company, 12 Fla. L. Weekly Supp. 367a (Fla. Duval Cty Ct. 2005); First Coast Medical Center, Inc. a/a/o Violette Pierre-Val v. Progressive Express Insurance Company, 12 Fla. L. Weekly Supp. 230a (Fla. Duval Cty. Ct. 2004); Physicians Injury Care Center, Inc. f/u/b/o Summer Rogan v. Progressive Express Insurance Company, 12 Fla. L. Weekly Supp. 155a (Fla. Orange Cty. Ct. 2004); St. Augustine Physicians Associates a/a/o Heather Barra v. Progressive Express Insurance Company, 11 Fla. L. Weekly Supp. 441c (Fla. Clay Cty. Ct. 2004); Peter J. Godleski, M.D., P.A. d/b/a Central Florida Orthopaedic & Neurology Specialists (Laguerre) v. Progressive Express Insurance Company, 11 Fla. L. Weekly Supp. 584a (Fla. Seminole Cty. Ct. 2004); A-1 Mobile MRI, Inc. v. Allstate Insurance Company, 10 Fla. L. Weekly Supp. 654b (Fla. Broward Cty. Ct. 2003); Leveron v. Liberty Mutual Insurance Company, 9 Fla. L. Weekly Supp. 51a (Fla. Pinellas Cty. Ct. 2001); Martin v. Landy and Allstate Indemnity Company, 8 Fla. L. Weekly Supp. 635b (Fla. Broward Cir. Ct. 2001); Gonzales v. State Farm Mutual Automobile Insurance Company, 8 Fla. L. Weekly Supp. 114 (Fla. Miami-Dade Cty. Ct. 2000).
FINDINGS
After being fully advised in the premises during the hearing on August 7, 2009, IT IS HEREBY ORDERED AND ADJUDGED that:
John Granone, D.C. is not entitled to an expert fee for his deposition in this matter.
