9 Fla. L. Weekly Supp. 53b
Insurance — Attorney’s fees awarded to medical provider calculated at rate of $250 per hour with contingency risk multiplier of 1.5 — Expert witness fee of $375 awarded — Costs awarded
MEDICAL EVALUATION CENTERS, INC., as assignee of, ABDELKADER ELKHATTABI, Plaintiff, v. INTEGON NATIONAL INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-01-2955. October 25, 2001. Wilfredo Martinez, Judge.
ORDER ON PLAINTIFF’S MOTIONFOR ATTORNEY’S FEES AND COSTS
THIS CAUSE was heard before the Court on October 25, 2001, on Plaintiff’s Motion for Attorney’s Fees and Costs. The Court has considered the testimony submitted in evidence by counsel and has also considered the expert testimony presented by Plaintiff regarding a reasonable fee, reasonable number of hours expended and whether a multiplier should be applied in the present case. Based on all the foregoing, the Court hereby makes the following findings of fact and conclusions of law:
1. Plaintiff’s attorneys are entitled to a reasonable attorney’s fee and costs incurred in the prosecution of the above-styled cause.
2. The attorney for the Plaintiff in this, case is James Pacitti.
3. The reasonable hours expended during the prosecution of the Plaintiff’s case by James Pacitti, Esquire, shall be 10.7 hours.
4. In light of the number of hours presented by evidence, a reasonable hourly rate for James Pacitti, Esquire, shall be $250.00per hour.
5. The lodestar amount shall be determined from the reasonable hourly rate multiplied by the number of reasonable hours:
a. James Pacitti, Esquire
$ 250.00 X 10.7 (hours) = $ 2,675.00
Lodestar Total $2,675.00
6. After consideration of the evidence presented, the applicable Florida Statutes and the relevant case law of Rowe and Quanstrom this Court finds that the application of a contingency risk multiplier is/is not appropriate for this case.
7. If a contingency risk multiplier is appropriate, the Court after considering all of the evidence presented, appropriate Florida Statutes and relevant case law finds that the likelihood of success for the Plaintiff at the onset in this case was:
____more likely even at the outset (1.0 – 1.5)
X approximately even at the outset (1.5 – 2.0)
____unlikely at the outset (2.0 – 2.5).
Therefore, a multiplier in the range of1.5to 2.0is reasonable. Based on the testimony and evidence presented, the Court finds that a multiplier of 1.5should be applied.
8. The amount of reasonable attorney’s fees shall be calculated by the multiplication of the lodestar totals from paragraph number 5 and the appropriate, if any, lodestar multiplier from paragraph number 7.
Lodestar Totals $2,675.00
(paragraph number 5)
Lodestar Multiplier X 1.5 (paragraph number 7)
Total: $4,012.50
9. As to Bob Egan, Esquire, Plaintiff’s expert witness:
a. Plaintiff, MEDICAL EVALUATION CENTERS, INC., as, assignee of, ABDELKADER ELKHATTABI is/is not entitled to recover the expert witness fee of attorney, Bob Egan, based upon the holding and reasoning contained in the case of Travieso v. Travieso, 474 So.2d 1184 (Fla. 1985); and that
b. 1.5hours is a reasonable amount of hours; and
c. $250.00 per hour is a reasonable hourly rate.
10. The expert witness fee that Plaintiff is entitled to recover on behalf of its expert witness for testimony before the trial court is $375.00.
11. The Court has considered the cost affidavit submitted by the Plaintiff in this case. The Plaintiff’s attorney is entitled to reasonable costs in the amount of $205.78
WHEREFORE, IT IS ORDERED AND ADJUDGED as follows:
A. Plaintiff is entitled to a reasonable attorney’s fee in the amount of $4,012.50 to be paid by the Defendant.
B. Plaintiff is entitled to recover an expert witness fee in the amount of $375.00 to be paid by the Defendant.
C. Plaintiff is entitled to reasonable costs in the amount of $205.78 to be paid by the Defendant.
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