17 Fla. L. Weekly Supp. 125b
Online Reference: FLWSUPP 1702LAKIInsurance — Personal injury protection — Discovery — Depositions — Treating physician is not entitled to expert witness fee for deposition testimony
LAKE WORTH CHIROPRACTIC CENTER, INC., a/a/o Russ Lakindra, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 502009SC007335XXXXSB. December 3, 2009. Janis Keyser, Judge. Counsel: Eric Biernacki. Joseph Littman.
ORDER ON PLAINTIFF’S MOTION FOR PROTECTIVE ORDER/MOTION TO COMPEL EXPERT FEE
THIS CAUSE having come before this Court on November 24, 2009 on Plaintiff’s Motion for Protective Order/Motion to Compel Expert Fee and the Court having heard arguments of counsel and being otherwise duly advised in the premises, it is hereby, ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion is DENIED. The Court agrees with Judge Peter M. Evans’ ruling on this issue in Dr. Robert Simon (Rosalie Madden) vs. Progressive Express Ins. Co., 10 Fla. L. Weekly Supp. 933a (Fla. Palm Beach County Ct. 2003), and finds that Dr. Richard Maltzman, D.C., the owner and treating physician for Plaintiff, is not entitled to an expert witness fee in this matter. However, if Dr. Maltzman’s testimony extends beyond what he has observed, concluded and done, and addresses what another physician should have observed, concluded or done, or if the Defendant questions him about what standard of care applies generally, or whether the standard has been breached, the Court may readdress this issue.
