20 Fla. L. Weekly Supp. 294a
Online Reference: FLWSUPP 2003GAMBInsurance — Personal injury protection — Attorney’s fees — Amount — Expert witness fees, costs and prejudgment interest awarded
WUESTHOFF HEALTH SERVICES, INC., as assignee of Austin Gamble, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-2009-SC-061501-XXXX-XX. October 22, 2012. David E. Silverman, Judge.
FINAL JUDGMENT AWARDING ATTORNEYS’FEES AND COSTS
THIS CAUSE came to be heard on August 7, 2012 upon the Plaintiff’s Motion for Attorney’s Fees and Costs pursuant to Section 627.428, Florida Statutes, and the Court having heard testimony, argument and examined the Court file, the Court makes the following findings:
1. This case involved a claim for PIP benefits arising out of an automobile accident of 12/22/2008. The insured, Austin Gamble, was alleged to have sustained injuries arising out of the accident and sought treatment from the Plaintiff, WUESTHOFF HEALTH SERVICES, INC., as assignee of Austin Gamble. The insured assigned his PIP insurance benefits to the Plaintiff. The Plaintiff billed the Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, for the medical treatment rendered. The Defendant did not pay the bill in full. Thereafter, Plaintiff filed this suit alleging that the Defendant improperly reduced its medical billings, seeking to recover the amounts due together with interest. Following the filing of suit and discovery, the Defendant agreed to pay the benefits due together with interest. The Defendant stipulated that the Plaintiff is entitled to the award of its reasonable attorneys’ fees and costs.
2. The Court has based its decision on and applied the factors contained in Standard Guaranty Ins. Co. v. Quanstrom, 555 So. 2d 828 (Fla. 1990); Florida Patient’s Compensation Fund v. Rowe, 472 So. 2d 1145 (Fla. 1985); and Bell v. U.S.B. Acquisition Company, Inc., 734 So. 2d 403 (Fla. 1999) [24 Fla. L. Weekly S220a].
3. NUMBER OF HOURS: The court finds that the Plaintiff’s counsel, Rutledge M. Bradford, Esquire, reasonably expended 3.8 hours in representing the Plaintiff in this cause. The court finds that the Plaintiff’s counsel, Wendelyn L. Gowen, Esquire, reasonably expended 30.8 hours in representing the Plaintiff in this cause. The court finds that the Plaintiff’s counsel, David B. Alexander, Esquire, reasonably expended 4 hours in representing the Plaintiff in this cause.
4. HOURLY RATE: The Court finds a reasonable hourly rate for Rutledge M. Bradford, Esquire in this case is $425. The Court finds a reasonable hourly rate for Wendelyn L. Gowen, Esquire in this case is $ 375. The Court finds a reasonable hourly rate for David B. Alexander, Esquire in this case is $250.
5. TAXABLE COSTS: The Court finds that the Plaintiff’s counsel, Rutledge M. Bradford, Esquire incurred reasonable costs in the amount of $128.50 during her representation of the Plaintiff in this case.
6. PREJUDGMENT INTEREST: That prejudgment interest is due to Plaintiff’s counsel on the attorneys’ fees and costs from May 22, 2012 at 4.751, (the date of settlement of the underlying claim), until the entry of this final judgment. Quality Engineered Installation, Inc. v. Higley South, Inc., 670 So. 2d 929 (Fla. 1996) [21 Fla. L. Weekly S141a]; and Boulis v. Florida Department of Transportation, 733 So. 2d 959 (Fla. 1999) [24 Fla. L. Weekly S150c].
7. EXPERT WITNESS FEE: Plaintiff’s expert witness on attorneys’ fees, Gregory Donoghue, Esquire, is entitled to be compensated for the time expended in preparing to testify and testifying in this case. The Court finds that Plaintiff’s expert witness, Gregory Donoghue, Esquire reasonably expended 5 hours in this case, and a reasonable hourly rate for Gregory Donoghue, Esquire is $400 per hour, for a total expert fee of $2000. See Travieso v. Travieso, 474 So.2d 1184 (Fla. 1985); Stokus v. Phillips, 651 So. 2d 1244 (Fla. 2d DCA 1995) [20 Fla. L. Weekly D627c]; and Mangel v. Bob Dance Dodge, Inc., 739 So. 2d 720 (Fla. 5th DCA 1999) [24 Fla. L. Weekly D2106a].
WHEREFORE, it is hereby ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion for Attorney’s Fees and Costs is hereby GRANTED.
2. Plaintiff shall take from Defendant the TOTAL SUM shown below as attorney’s fees and costs for prosecution of this claim for which let execution issue forthwith.
Attorney's Fees $14,165.00
Costs $128.50
Interest on attorney's fees $280.35
Expert Witness Fees $2,000.00
TOTAL SUM* $16,573.85
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*The total sum shall bear interest at the prevailing statutory interest rate of 4.75% per year from this date through December 31 of this current year, for which let execution issue. Thereafter, on January 1 of each succeeding year until the judgment is paid, the interest rate will adjust in accordance with section 55.03, Florida Statutes.
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