22 Fla. L. Weekly Supp. 597a
Online Reference: FLWSUPP 2205TADAInsurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician who is owner of plaintiff medical provider is entitled to expert witness fee for deposition testimony where plaintiff brought action against insurer pursuant to assignment of benefits
NEUROLOGY PARTNERS, P.A. As Assignee of Timothy Adams, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 2012-SC-3171 CC-B. November 17, 2014. Roberto A. Arias, Judge. Counsel: Ellis Peetluk and D. Scott Craig, Jacksonville, for Plaintiff. David Gagnon, Jacksonville, for Defendant.
ORDER FINDING ENTITLEMENTTO EXPERT WITNESS FEES
This cause came on to be heard upon the Plaintiff’s Motion to Recover Expert Witness Fee for Deposition of Treating Physician. Both parties were represented by counsel. The Court, having heard arguments of the parties and having reviewed the deposition of Dr. Mark K. Emas, M.D., finds that Dr. Emas is entitled to an expert fee pursuant to Rule 1.390, Florida Rules of Civil Procedure, as he was asked to testify on the subject of which he is an expert. The Court also has considered the argument made by the Defendant that Dr. Emas should not be allowed an expert witness fee because he, for all practical purposes being the owner of the Plaintiff’s corporation, is the Plaintiff in the case. However, this cause of action could be brought by the Plaintiff herein only as an assignment from the insured. The Plaintiff therefore is only able to bring this action because it is stepping into the shoes of the insured, Tampa Chiropractic Center, Inc. v State Farm Insurance Company, 141 So3d 1256, 1258 (Fla. 4th DCA 2014) [39 Fla. L. Weekly D1441a]. Therefore, the Court does not fmd that Dr. Emas is the typical Plaintiff that is suing for an unpaid bill. Is that the case, the Court agrees with the Defendant that Dr. Emas would not be entitled to an expert witness fee.
It is, therefore,
ORDERED:
1. The Plaintiff’s Motion to Recover Expert Witness Fee for Deposition of the Treating Physician, Dr. Mark K. Emas, M.D. is granted.
2. The Court reserves jurisdiction to determine what is a reasonable fee for this expert, in the event that the parties are not able to agree to the fee amount.
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