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ORTHOPEDIC SPECIALISTS, AS ASSIGNEE OF ROBERT HAMROCK, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

22 Fla. L. Weekly Supp. 1065c

Online Reference: FLWSUPP 2209HAMRInsurance — Discovery — Depositions — Expert witness fee — Treating physician who is owner of plaintiff medical provider is not entitled to expert fee for deposition testimony

ORTHOPEDIC SPECIALISTS, AS ASSIGNEE OF ROBERT HAMROCK, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 13-004903-SC. December 15, 2014. Walt Fullerton, Judge. Counsel: Miguel R. Roura, Roig Lawyers, Tampa, for Defendant.

ORDER DENYING PLAINTIFF’S MOTION FOR PROTECTIVE ORDER AND DETERMINATIONOF ENTITLEMENT TO EXPERT FEES

THIS CAUSE having come on to be heard on Plaintiff’s Motion For Protective Order and Determination of Entitlement to Expert Fees, and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon,

ORDERED AND ADJUDGED that said Motion be, and the same is hereby DENIED. Dr. Alan Graves, MD is the treating physician and owner of the Plaintiff. As such, he is not entitled to an expert fee for the taking of his deposition pursuant to Comprehensive Health Center, Inc. v. United Automobile Insurance Company, 56 So. 3d 41 (Fla. 3d DCA 2011) [36 Fla. L. Weekly D54b].

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