24 Fla. L. Weekly Supp. 343a
Online Reference: FLWSUPP 2405NMARInsurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Summary judgment — Opposing affidavit filed by insurer does not preclude summary judgment in favor of medical provider on issue of reasonableness of charges where affiant relied on Medicare and pre-negotiated health insurer rates that were not relevant to determination of reasonableness of PIP charges
RADIOLOGY MOBIL CENTER, INC. (a/a/o Norbelis Martinez), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 11-3265 SP 21. June 15, 2016. Don S. Cohn, Judge. Counsel: Amado Alan Alvarez and Ryan Peterson, for Plaintiff. Angelica Torrents, for Defendant.
FINAL JUDGMENT FOR PLAINTIFF
COMES NOW, the COURT, after hearing on the Plaintiff’s Motion for Final Summary Judgment hereby orders and adjudges as follows:
1. On June 6, 2016 in this personal injury protection case, this Court heard the Plaintiff medical provider’s Motion for Final Summary Judgment. The Court found that the Plaintiff had met its prima facie burden on the relation and necessity of the services, which was uncontested. On the reasonableness of the charges, the Court found that the Plaintiff’s submission of its medical bill was prima facie evidence that the pricing was reasonable, relying upon the Court’s prior rulings in A1A Management Services LLC v. State Farm Mut. Auto. Ins. Co., 13-16085 SP 25 (Fla. 11th Circ. 2015), as well as the sister court’s ruling in Pan Am Diagnostic Services, Inc. a/a/o Fritz Telusma v. United Auto. Ins. Co., 21 Fla. L. Weekly Supp. 200a (Broward Cty. Ct. Oct. 1, 2013).
2. The Court found that the affidavit of Nicole Bonaparte the Defendant filed in opposition to the motion was not admissible, as, inter alia, the data relied upon by Ms. Bonaparte includes Medicare and pre-negotiated health insurer rates, which this Court has previously found are not relevant to PIP. Rivero Diagnostic Center, Inc. a/a/o Marisely Trujillo v. State Farm Mutual Automobile Ins., Co., 21 Fla. L. Weekly Supp. 804a (Order of Miami-Dade County Court Judge Don Cohn dated April 23, 2014).
3. AS SUCH, the Court grants FINAL JUDGMENT in favor of the Plaintiff, in the amount of $753.01, with interest from 7/11/2009, for which let execution issue.
4. The Court retains jurisdiction for any motions for attorney fees and costs.
