9 Fla. L. Weekly Supp. 196b
Insurance — Discovery — Depositions — Expert witness fee — Medical providers whose qualifications fulfill the requirements of rule 1.390 are entitled to receive expert witness fee for deposition testimony regarding the medical care and treatment provided to insured — Billing clerk and medical assistant will not receive expert witness fee for deposition testimony
BLANCA MUNOZ, as Assignor of MIAMI CHIROPRACTIC ASSOCIATES, a corporation authorized to do business in the state of Florida, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, a corporation authorized to do business in the state of Florida, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 01-7696 SP 25 (2). December 13, 2001. Teretha Lundy Thomas, Judge. Counsel: David Sampedro. Lissette De La Rosa.
ORDER PARTIALLY DENYING DEFENDANT’S MOTION TOCOMPEL DEPOSITIONS OF DR. ROBERT DEL GROSSO,DR. DAVID HIRSCHENSON, BILLING CLERK, ANDMEDICAL ASSISTANT WITHOUT EXPERT WITNESS FEES
THIS CAUSE having come on to be heard on December 6, 2001 on Defendant’s Motion to Compel Depositions of Dr. Robert Del Grosso, Dr. David Hirschenson, Billing Clerk, and Medical Assistant without Expert Witness Fees, and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon,
ORDERED and ADJUDGED that:
1. Defendant, UNITED AUTOMOBILE INSURANCE COMPANY, has scheduled the depositions of Dr. Robert Del Grosso, Dr. David Hirschenson, Billing Clerk, and Medical Assistant to take place on January 3, 2002 regarding the medical care and treatment provided to Defendant’s insured, BLANCA MUNOZ.
2. The Defendant had refused to agree to pay Dr. Del Grosso, Dr. Hirschenson, Billing Clerk, and Medical Assistant any expert witness fees for their expert medical testimonies because it was only seeking fact testimony rather than medical opinion testimony.
3. This Court recognizes that Dr. Robert Del Grosso and Dr. David Hirschenson are expert witnesses as defined in Rule 1.390(a) of the Florida Rules of Civil Procedure. This Court further recognizes that Rule 1.390(c) mandates that an expert or skilled witness whose deposition is taken shall be allowed a fee in such reasonable amount as the Court may determine.
IT IS HEREBY ORDERED AND ADJUDGED:
4. Accordingly, this Court recognizes that Dr. Robert Del Grosso and Dr. David Hirschenson are entitled to receive an expert witness fee as their qualifications fulfill the requirements of Florida Rule of Civil Procedure 1.390 and they are entitled to be compensated as an expert witness for their testimony regarding the medical care and treatment provided to BLANCA MUNOZ.
5. The hourly rate to be paid to Dr. Del Grosso and Dr. Hirschenson has been previously provided to the Defendant.
6. The Billing Clerk and Medical Assistant will not receive an expert witness fee.
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