17 Fla. L. Weekly Supp. 595a
Online Reference: FLWSUPP 1707PRICInsurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Insurer is not required to pay expert witness fee to depose treating physician for purpose of discovering course of treatment of insured or facts related to physician’s capacity as corporate representative
VILLAGE CHIROPRACTIC CENTER OF BOYNTON BEACH, INC. (a/a/o Jack Price), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 09-16492 COCE 53. April 20, 2010. Robert W. Lee, Judge. Counsel: J.D. Underwood, Law Office of Russell Lazega, P.A., North Miami. Mary Valladares, Matt Hellman, P.A., Plantation.
AMENDED ORDER ON DEFENDANT’S MOTION TO DISPENSE EXPERT WITNESS FEE
THIS CAUSE having come on to be heard on April 16, 2010 on Defendant’s Motion to Dispense Expert Witness Fee, and the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motion to Dispense Expert Witness Fee is hereby GRANTED. The Court agrees with the holding of the Eleventh Circuit Court in its appellate capacity in United Automobile Insurance Company v. Florida Institute for Pain, Inc., 17 Fla. L. Weekly Supp. 163d (11th Cir. Ct. 2009). If, however, the Defendant goes beyond the course of treatment or any fact related to the case in the deponent’s capacity as corporate representative, and “crosses the line into expert testimony,” the Plaintiff may seek an expert fee. See id.
