23 Fla. L. Weekly Supp. 199a

Online Reference: FLWSUPP 2302BELTInsurance — Personal injury protection — Coverage — Medical expenses — Summary judgment — Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issue of reasonableness of MRI charge where affiant is not qualified to render opinion on reasonableness of charge or reasonableness of reimbursement — Provider is entitled to summary judgment on issue of relatedness of services where referring physician’s affidavit regarding relatedness is not refuted by any competent evidence

COASTAL RADIOLOGY, LLC., (Daniel Beltran), Plaintiff(s), vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant(s). County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE 12-20451 (56). June 23, 2015. Linda R. Pratt, Judge. Counsel: Amir Fleischer and Rowena Racca, Marks and Fleischer, P.A., Fort Lauderdale, for Plaintiff. Matt Hellman and Brett Roth, Matt Hellman, P.A., Plantation, for Defendant.

ORDER

THIS CAUSE having come on to be considered before the court on Plaintiff’s Renewed Motion for Partial Summary Judgment Regarding Reasonableness and Motion for Partial Summary Judgment Regarding Relatedness, and the Court having reviewed the Motion, the entire Court file, and the relevant legal authorities; having heard argument; having made a thorough review of the matters filed of record; and having been sufficiently advised in the premises:

ORDERED AND ADJUDGED that Plaintiff’s Motion is GRANTED.

1. With regard to the issue of reasonableness, the Court finds that the Plaintiff’s affidavit of Clarissa Pimentel, its fact witness, is sufficient to establish a prima facie case for reasonableness of the Plaintiff’s price.

2. Consistent with this Court’s prior ruling on November 5, 2014 that Darrell Spell is not qualified to provide an ultimate opinion on the unreasonableness of the Plaintiff’s charge nor the reasonableness of Defendant’s reimbursement, and the recent ruling on State Farm v. Florida Wellness and Rehab Center, Case No. CACE 13-022796 (Fla. 17th Circuit Court (Appellate), June 3, 2015) [2302ALON] [23 Fla. L. Weekly Supp. 88a], this Court finds that Darrell Spell’s Affidavit does not refute Plaintiff’s prima facie showing that the price of the Plaintiff is reasonable in amount and thus, Plaintiff is entitled to a summary judgment on this issue.

3. With regard to the issue of relatedness, the Court finds that the Plaintiff’s Affidavit of Dr. Manuel V. Feijoo, M.D., the referring physician, is sufficient to establish a prima facie case for relatedness of the Lumbar MRI to the subject motor vehicle accident. Defendant failed to show any competent evidence to refute the relatedness of Plaintiff’s services and thus, Plaintiff is entitled to a summary judgment on this issue.