8 Fla. L. Weekly Supp. 392a
Insurance — Discovery — Depositions — Expert witness fee — Witness to testify at deposition regarding medical treatment provided to insured and/or billing provided to insurer for services provided insured is entitled to expert witness fee as his qualifications fulfill requirements of Rule 1.390(a) — Witness entitled to compensation for time spent away from his medical practice to give testimony — If travel is required as result of deposition being scheduled anywhere other than witness’s office, defendant must pay witness for his portal to portal time, both to and from location of deposition
MEDICAL EVALUATION CENTERS, INC., as assignee of BENJAMIN VICENTE, Plaintiff, vs. LIBERTY MUTUAL INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 2000-13485 CC J. January 19, 2001. Eric Myers, Judge. Counsel: David R. Fuller, Law Office of Hyde, Gomer & Derrick, Tampa. Alexander Billias, Morgan, Colling & Gilbert, P.A., Orlando.
ORDER GRANTING PLAINTIFF’S MOTION TO SET REASONABLE FEE
This matter having come before this Court on December 13, 2000, on Plaintiff’s Motion to Set Reasonable Fee, (certificate date November 27, 2000), and the Court having reviewed the file, having heard argument of counsel and being fully advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. Defendant, LIBERTY MUTUAL INSURANCE COMPANY, has scheduled the deposition of Jeffrey Friedlander, M.D., to take place on January 9, 2001, regarding the medical treatment provided to Defendant’s insured and/or the billing provided by Plaintiff to Defendant for services provided to its insured. The Defendant had refused to agree to pay Dr. Friedlander any expert witness fee for his expert medical testimony because he is an employee of the Plaintiff and because the Defendant was allegedly only seeking fact testimony not medical opinion testimony.
2. Jeffrey Friedlander, M.D., is entitled to receive an expert witness fee as his qualifications fulfill the requirements of Florida Rule of Civil Procedure 1.390(a) and he is entitled to be compensated for the time he is away from his medical practice to give testimony;
3. The hourly rate to be paid to Dr. Friedlander by the Defendant for Dr. Friedlander’s deposition testimony is six hundred dollars, ($600.00).
4. If Dr. Friedlander is required to travel as a result of his deposition being scheduled anywhere other than his office, Defendant will be required to pay Dr. Friedlander for his portal to portal time, both to and from the location of the deposition.
5. Defendant must pay Dr. Friedlander for his deposition testimony and portal to portal time within fifteen (15) days of the date of his deposition.
6. Dr. Friedlander is a non-party to this litigation. Accordingly, he must be subpoenaed by Defendant in or to compel his appearance at his deposition.
* * *
