22 Fla. L. Weekly Supp. 597b

Online Reference: FLWSUPP 2205PARKInsurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician who is owner of plaintiff medical provider is entitled to witness fee for deposition testimony where plaintiff brought action against insurer pursuant to assignment of benefits

NEUROLOGY PARTNERS, P.A., as assignee of ANTHONY PARKER, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2012-SC-000753-XXXX, Division C. December 5, 2014. Brent D. Shore, Judge. Counsel: David Salisbury II, Law Office of D. Scott Craig, LLC, Jacksonville, for Plaintiff. Ray Roebuck, The Roebuck Law Office, Jacksonville, for Defendant.

ORDER ON DEFENDANT, STATE FARM MUTUALAUTOMOBILE INSURANCE COMPANY’S,MOTION TO COMPEL DEPOSITION

This cause came before the Court for Hearing on the Defendant, State Farm Mutual Automobile Insurance Company’s, Motion To Compel Deposition, and the Court having considered the argument of counsel and being fully advised, finds:

A.) The Defendant argues that it should be allowed to depose Mark Emas, M.D. without the requirement of paying an expert witness fee because Dr. Emas is a “. . . de facto party to this lawsuit . . .”. The Plaintiff argues that Dr. Emas is entitled to an expert witness fee as a treating physician.

B.) Although Dr. Emas is the owner of the Plaintiff’s P.A. this cause of action could only be brought by the Plaintiff due to an assignment from the insured. The Plaintiff is stepping into the shoes of the insured. Dr. Emas is not the typical Plaintiff who is suing for an unpaid bill. If he was, the Court would agree with the Defendant’s position. In this case, Dr. Emas is entitled to an expert witness fee. See, Tampa Chiropractic Center, Inc. v. State Farm Insurance Company, 141 So. 3d 1256 (Fla. 4th DCA 2014) [39 Fla. L. Weekly D1441a] and Comprehensive Health Center, Inc., as assignee of Huldah Lynch v. United Auto Insurance Company, 99 So. 3d 525 (Fla. 3rd DCA July 20, 2011) [36 Fla. L. Weekly D1553b].

Therefore, it is

ORDERED AND ADJUDGED:

1. Defendant, State Farm Mutual Automobile Insurance Company’s, Motion To Compel Deposition is Denied, only as to the issue of Dr. Emas’ expert witness fee. The Defendant is entitled to depose Dr. Emas.

2. The parties will be ordered to mediation by the entry of a separate Order. The mediation shall occur subsequent to Dr. Emas’ deposition.

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