25 Fla. L. Weekly Supp. 816a
Online Reference: FLWSUPP 2509ALFOInsurance — Personal injury protection — Coverage — Medical expenses — Provider established prima facie case that services provided were reasonable, related, and medically necessary, and defendant failed to establish existence of material fact on this issue — Summary judgment granted
WILFREDO ALFONSO, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 13-13324-SP-25. November 3, 2017. Patricia Marino-Pedraza, Judge. Counsel: Walter A. Arguelles, Arguelles Legal, P.L.. Miami, for Plaintiff. Justin Seigwald, Vernis & Bowling, P.A., Miami, for Defendant.
ORDER ON PLAINTIFF’S MOTIONFOR SUMMARY JUDGMENT
THIS CAUSE came before the Court on the 30th day of October, 2017 on Plaintiff’s Motion for Summary Judgment regarding RRN. Upon argument of counsel, review of the record evidence, and case law, it is ORDERED AND ADJUDGED as follows:
1. In support of its Motion, the Plaintiff filed the affidavit of Dr. Arnaldo V. Lopez, M.D., with all of the Plaintiff’s medical records attached, and the affidavit of Peter Hernandez, Professional Medical Building Group’s person with the most knowledge regarding billing matters. This record evidence has established proof that the services provided were reasonable, related and medically necessary, therefore, the Court finds that the Plaintiff has met their prima facie showing regarding RRN. The burden now shifts to the Defendant to establish a question of fact.
2. Based upon the Court striking Defendant’s untimely notice [editor’s note: see below], there has been no establishment by the Defendant of any question of material fact regarding RRN. Therefore, this Court grants Summary Judgment in favor of the Plaintiff regarding reasonableness, relatedness and medical necessity of the services at issue.
