16 Fla. L. Weekly Supp. 826a

Online Reference: FLWSUPP 169RIOS

Insurance — Personal injury protection — Discovery — No abuse of discretion in striking insurer’s expert witness on basis that witness failed to comply with order compelling better answers to interrogatories

UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Appellant, vs. DR. MICHAEL SURDIS, JR., PA. D/B/A ALL BROWARD CHIROPRACTIC & PAIN REHABILITATION CENTERS, INC., A/A/O GRISELLE RIOS, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 08-04044 CACE 25, consolidated with 08-10984 CACE 21. L.T. Case No. 07-001023 COCE 54. June 2, 2009. Counsel: Ivy Ginsberg, United Automobile Insurance Company, The Office of General Counsel, Trial Division, Miami. Joseph R. Dawson, Law Office of Dawson & Finkelstein, LLP, Fort Lauderdale.

OPINION

(CAROL-LISA PHILLIPS, J.) THIS CAUSE comes before this Court, sitting in its appellate capacity, upon an appeal by United Automobile Insurance Company (“United”), of the trial court’s order striking the defendant’s expert witness resulting in the entry of a final summary judgment. Having considered the briefs of both parties, the record on appeal, applicable law, and being otherwise fully advised in the premises, this Court finds and concludes as follows:

The standard of review is that of“abuse of discretion.” Allstate Ins. Co. v. Massorana, 731 So. 2d. 38, 39 (Fla. 4th DCA 1999). The trial court has not abused its discretion by striking the defendant’s expert witness at trial because the witness failed to comply with the trial court’s October 22, 2007 order compelling better answers to interrogatories. See Id. at 39.

Accordingly, the trial court’s orders are AFFIRMED.