25 Fla. L. Weekly Supp. 123a
Online Reference: FLWSUPP 2501BESTInsurance — Personal injury protection — Coverage — Medical expenses — Summary judgment entered in favor of provider on issues of medical necessity of treatment and reasonableness of charge
BEST AMERICAN DIAGNOSTIC CTR. INC., Plaintiff, vs. STATE FARM MUTUAL AUTO INS. CO., Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE-12-020183, Division 56. March 3, 2017. Betsy Benson, Judge.
Order on Plaintiff’s RenewedMotion for Summary Judgment
THIS CAUSE came before the Court on February 8, 2017 on Plaintiff’s Renewed Motion for Summary Judgment. The Motion asserts that there are no genuine issues of fact as to the medical necessity of the CT scan of the thorax in relation to the accident, as well as the reasonableness of the charge for the procedure.
The motion is granted. (Advanced Chiropractic v. State Farm Mutual Automobile Insurance Company, 24 Fla. L. Weekly Supp. 370a, (Broward County Ct. 2016), Millennium Radiology LLC d/b/a Millennium Open MRI vs. United Automobile Insurance Co., 22 Fla. L. Weekly Supp. 1100a (Broward County Ct. 2015), Comprehensive Chiropractic Center vs. State Farm Mutual Automobile Insurance Company 23 Fla. L. Weekly Supp. 1077b (Broward County 2016), Millennium Radiology LLC d/b/a Millennium Open MRI vs. United Automobile Insurance Company 20 Fla. L. Weekly Supp. 1097a (Broward County, 2013, Millennium Radiology LLC vs. United Automobile Insurance Co., 24 Fla. L. Weekly Supp. 441a (Dade County Ct. 2016), Open MRI of Boca LLC vs. State Farm Mutual Automobile Insurance Company, 24 Fla. L. Weekly Supp. 378a (Broward County Ct. 2016), Millennium Radiology LLC d/b/a Millennium Open MRI vs. State Farm Mutual Automobile Insurance Co., 24 Fla. L. Weekly Supp. 83b (Broward County Ct. 2016), Pan Am Diagnostic Services, Inc. v. United Auto Ins. Co. 21 Fla. L. Weekly Supp. 200a (Fla. 17th Cir. Cty. 2013).
The Court has reviewed the affidavits the defense presented at hearing and finds that this evidence does not meet the threshold for admissibility pursuant to Daubert v. Merrell Dow Pharm. Inc 509 U.S. 579 (Sup. Ct. 1993).
Additionally, Plaintiff objected to Defendant’s use of the affidavits as the documents were filed in opposition to a prior motion, and moved to exclude the evidence. In support of the exclusion, Best American cited State Farm Mutual Automobile v. Figler Family Chiropractic 189 So 3rd 970 (Florida, 4th DCA, 2016) [41 Fla. L. Weekly D805b]. Plaintiff’s objection is sustained and the affidavits are excluded.
