24 Fla. L. Weekly Supp. 445a
Online Reference: FLWSUPP 2406HERNInsurance — Discovery — Depositions — Expert witness fee — Treating physician is expert witness entitled to fee for deposition testimony
A-PLUS MEDICAL & REHAB CENTER a/a/o Juan Hernandez, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 11th Judicial Circuit in and for Dade County, General Jurisdiction Division. Case No. 13-9524 SP 25 (2). July 25, 2016. Gina Beovides, Judge. Counsel: Walter A. Arguelles, Arguelles Legal, P.L., Miami, for Plaintiff. Blake Partridge, Kirwin Spellacy & Danner, P.A., Fort Lauderdale, for Defendant.
ORDER GRANTING MOTION FOR PROTECTIVEORDER AND TO DETERMINE ENTITLEMENT TOEXPERT WITNESS FEES AND AMOUNT THEREOF
This cause came before the Court for hearing on July 25, 2016, on a Motion for Protective Order and to Determine Entitlement to Expert Witness Fees and Amount Thereof. The issue before the Court is whether a treating physician is entitled to an expert witness fees pursuant to Rule 1.390 of the Florida Rules of Civil Procedure.
During discovery, the Defendant sought to depose the treating physician, Dr. Marc Rogoff, D.C. The Plaintiff filed a Motion for Protective Order regarding said deposition on the basis that the treating physician is an expert witness pursuant to Rule 1.390 and thus entitled to a fee for attending the deposition.
The Court having reviewed the motion and entire Court file, read relevant legal authority, heard argument from counsel of each party, and been sufficiently advised in the premises, finds
1. Dr. Rogoff’s Motion for Protective Order and to Determine Entitlement to Expert Witness Fees and Amount Thereof is hereby GRANTED.
2. Dr. Marc Rogoff, D.C. is deemed an expert witness under Rule 1.390 of the Florida Rules of Civil Procedure and shall be entitled to an expert witness fee of $300.00 per hour.
3. Defendant shall prepay the expert witness fee at the deposition of Dr. Marc Rogoff, D.C. which shall be mutually coordinated to take place at a mutually convenient date, time and place.
4. In the event the deposition last more than an hour, the Defendant shall pay for said hour/s within ten (10) days of said deposition.
