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DIANE SHAKER, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

9 Fla. L. Weekly Supp. 870a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is entitled to expert witness fee

DIANE SHAKER, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. SS-02-17944-RD. November 5, 2002. Charles E. Burton, Judge. Counsel: Kejo K. Bryan, Delray Beach. Mitchell B. Haller, Boca Raton.

ORDER ON PLAINTIFF’S MOTION FORPROTECTIVE ORDER

THIS CAUSE having come before the Court and the Court being otherwise fully advised in the premises, it is

ORDERED AND ADJUDGED that Plaintiff’s Motion For Protective Order is hereby GRANTED/DENIED and it is further,

ORDERED:

1. That Dr. Benison is entitled to receive an expert witness fee as his qualifications fulfill the requirements of Florida Rule of Civil Procedure 1.390 and is entitled to be compensated as an expert witness for this testimony regarding the medical care and treatment provided to Diane Shaker.

2. The hourly rate to be paid to Dr. Benison has been previously provided to the Defendant.

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