8 Fla. L. Weekly Supp. 660b
Insurance — Personal injury protection — Discovery — Depositions — Role of plaintiff’s treating physician in dispute between insured and insurer relating to payment of treating physician’s bills was not that of expert witness, and accordingly, treating physician is not entitled to payment of expert witness fee — Motion to compel deposition without payment of expert fee granted and treating physician’s motion for protective order denied
JOHN A. RIOS, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 00 21580 COCE 56. June 19, 2001. Linda R. Pratt, Judge. Counsel: Glenn Goldman, Deerfield Beach. Charles H. Bechert, III, Ft. Lauderdale, for Dr. DeLaBella and Shadowood Chiropractic Center. Rafael I. Katz, Tolgyesi, Katz, Hankin & Katz, P.A., Hollywood, for Defendant.
ORDER ON DEFENDANT’S MOTION TO COMPELDEPOSITION OF DR. ALAN DELABELLA WITHOUTPAYMENT OF EXPERT FEE AND ON DR.DELABELLA’S MOTION FOR PROTECTIVE ORDER
THIS MATTER having come before this Honorable Court upon Defendant’s Motion to Compel the Deposition of Dr. Alan DeLaBella Without Payment of Expert Fee and on Dr. DeLaBella’s Motion for Protective Order, and this Honorable Court having considered the argument of the parties, the record, and being otherwise duly advised of the premises, this Honorable Court finds as follows:
1. Plaintiff sued Defendant alleging failure to pay Personal Injury Protection benefits pursuant to a policy of insurance.
2. The only bills at issue in this case are Dr. DeLaBella’s chiropractic bills.
3. Defendant scheduled Dr. DeLaBella’s deposition.
4. Dr. DeLaBella demanded payment of $450.00 per hour with a two hour minimum for deposition.
5. Defendant subsequently filed its Motion to Depose Dr. DeLaBella Without Payment of Expert Fee.
6. Dr. DeLaBella filed a Motion for Protective Order on his deposition as well as that of his billing clerk, Renee Anderson.
7. Dr. DeLaBella was the treating chiropractor for the Plaintiff in this case.
8. Defendant cited this Honorable Court to Ryder Truck Rental v. Perez, 715 So. 2d 289 (Fla. 3d DCA. 1998): Frantz v. Golebiewsky, 470 So. 2d 283 (Fla. 3d DCA 1981), Kurdian v. State Farm Mut. Auto Ins. Co., 7 Fla. L. Weekly Supp 694 a (County Court, 17th Judicial Circuit in and for Broward County 2000) and Gonzales v. State Farm Mut Auto Ins. Co., 8 Fla. L. Weekly Supp 114 (County Court, 11th Judicial Circuit in and for Miami-Dade County 2000). All of these cases held in the context of civil procedure, a Plaintiff’s treating physician is not an expert witness.
9. This Court finds these cases persuasive, particularly the Kurdian case.
Accordingly, it is hereby Ordered and Adjudged that:
10. Dr. DeLaBella’s Motion for Protective Order is denied and Defendant’s Motion to Compel the Deposition of Dr. Alan DeLaBella without Payment of Expert Fee is granted.
11. Defendant shall schedule the deposition of Dr. DeLaBella at a mutually agreeable time.
12. Dr. DeLaBella’s billing clerk, Renee Anderson shall also appear for deposition at a mutually agreeable time.
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