8 Fla. L. Weekly Supp. 867a
Insurance — Personal injury protection — Discovery — Insurer may take deposition of chiropractor whom medical provider claims did not treat insured, but insurer is ordered to pay expert witness fee for his deposition testimony if it is determined that chiropractor did not treat insured
LONGWOOD CHIROPRACTIC GROUP, on behalf of ROBERT DEMETREE, D.C., F.I.A.M.A. & DENNIS D’ERAMO, D.C., F.I.A.M.O., as assignee of LAZENGIA HARRIS, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 01-CC-1928-20-Z. October 15, 2001. Carmine M. Bravo, Judge. Counsel: Alexander Billias, Morgan, Colling and Gilbert, P.A., Orlando, for Plaintiff. Kendrick Blackwell, Adams, Blackwell and Diaco, P.A., for Defendant.
ORDER ON PLAINTIFF’S MOTION TOSET REASONABLE FEE
THIS CAUSE having come before the Court on October 2, 2001 on Plaintiff’s Motion to Set Reasonable Fee, (certificate date September 5, 2001), both parties appearing through counsel, having presented the following argument:
FACTS AND PROCEDURAL BACKGROUND
1. This personal injury protection litigation involves PPO reductions of medical bills submitted by Plaintiff.
2. Defendant is seeking the deposition testimony of Dennis D’Eramo, D.C.
3. Plaintiff asserts that Robert A. Demetree, D.C. was the only doctor from Longwood Chiropractic Group who provided medical treatment to the insured, Lazengia Harris, and that Dennis D’Eramo, D.C. did not provide any medical treatment to the insured, Lazengia Harris.
4. Plaintiff further asserts that because Dr. D’Eramo did not provide any medical treatment to the insured, Dr. D’Eramo is entitled to an expert witness fee for his deposition testimony pursuant to Florida Rule of Civil Procedure 1.390.
5. Defendant argues that Dr. D’Eramo is not entitled to an expert witness fee because Defendant is seeking fact testimony, and not medical expert testimony, from Dr. D’Eramo.
6. Defendant also argues that Dr. D’Eramo is not entitled to an expert witness fee because he is a party Plaintiff to this litigation.
LAW AND ANALYSIS
The Court does hereby ORDER and ADJUDGE as follows:
7. Defendant may take the deposition of Dennis D’Eramo, D.C. However, if it is determined in the deposition that Dr. D’Eramo did not provide medical treatment to the insured, Lazengia Harris, Defendant shall pay Dr. D’Eramo an expert witness fee for his deposition testimony.
8. The hourly rate to be paid Dr. D’Eramo for his deposition testimony is $250.00.
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