24 Fla. L. Weekly Supp. 579a
Online Reference: FLWSUPP 2407HOFFInsurance — Personal injury protection — Discovery — Depositions — Motion for protective order to prevent depositions of physician and nurse regarding determination that insured suffered emergency medical condition is granted — PIP statute does no permit insurer to dispute or challenge emergency medical condition determination
MISTY HOFFMEIER, an insured individual by and through his/her assignee, TAMPA BAY IMAGING, LLC, Plaintiff, v. NATIONWIDE INSURANCE COMPANY OF AMERICA, a Foreign corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 15-CC-036641, Division J. October 4, 2016. Gaston J. Fernandez, Judge. Counsel: Melissa Gonzalez, FL Legal Group, Tampa, for Plaintiff. Carlo D. Marichal, Banker Lopez Gassler, P.A., Plantation, for Defendant.
ORDER PLAINTIFF’S MOTION FOR PROTECTIVE ORDER
THIS CAUSE having come before this Honorable Court upon the Plaintiff’s Amended Motion for Protective Order with Certificate of Service September 23, 2016, and this Honorable Court having considered the motion, record, arguments of counsel, and being otherwise duly apprised, it is ORDERED AND ADJUDGED as follows:
1. Defendant filed a Subpoena Duces Tecum and Notice of Deposition of Leticia Worsham, ARNP and Dr. Michael Heim, D.O. to take place on October 14, 2016 and December 6, 2016, respectively, regarding contradictory determinations that Claimant, Misty Hoffmeier, suffered any emergency medical condition pursuant to provisions in Florida Statute §627.736.
2. Pursuant to Rules 1.280, Florida Rules of Civil Procedure, the Plaintiff filed a Motion for Protective Order to prevent the depositions of Dr. Heim and Nurse Worsham from taking place.
3. Nothing in Florida Statute §627.736(1)(a)3 and 4, suggests or implies that the factual or medical basis giving rise to an emergency medical condition determination is subject to dispute or challenge. See Hess Spinal & Medical Centers, P.A. a/a/o Ton’Taja Butler v. Progressive Select Ins. Co., 23 Fla. L. Weekly Supp. 177a (Hillsborough County Ct. July 30, 2015).
4. Accordingly, Plaintiff’s Amended Motion for Protective Order filed on September 23, 2016 is hereby GRANTED.
