9 Fla. L. Weekly Supp. 853b
Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Application of contingency risk multiplier is not appropriate — If contingency risk multiplier is appropriate, multiplier in the range of 1.0 – 2.0 would be reasonable because likelihood of success was even at outset, and multiplier of 1.0 should be applied — Expert witness fees and costs awarded
MEDICAL SPECIALISTS AND DIAGNOSTIC SERVICES, as assignee of, ROBERT FENSLER, Plaintiff, v. DIRECT GENERAL INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-01-4763. October 2, 2002. C. Jeffery Arnold, Judge. Counsel: James Pacitti, Morgan Colling & Gilbert, P.A., Orlando, for Plaintiff. Louis D. Kaye, Allen, Kopet & Boyd, PLLC, Orlando.
ORDER ON PLAINTIFF’S MOTION FORATTORNEY’S FEES AND COSTS
THIS CAUSE was heard before the Court for hearing on Tuesday, September 24, 2002, on Plaintiff’s Motion for Attorney’s Fees and Costs. The Court has considered the testimony submitted in evidence by counsel for the Plaintiff and Defendant. The Court has also considered the expert testimony presented by both Plaintiff and Defendant 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 attorney is 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, Esq., shall be 38.7 hours.
4. In light of the number of hours presented by evidence, a reasonable hourly rate for JAMES PACITTI, Esq., shall be $275.00 per hour.
5. The lodestar amount shall be determined from the reasonable hourly rate multiplied by the number of reasonable hours:
$275.00 x 38.7 (hours) = $10,642.50
Lodestar Total: $10,642.50
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 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)
ş approximately even at the outset (1.5 – 2.0)
___ unlikely at the outset (2.0 – 2.5).
Therefore, a multiplier in the range of 1.0 to 2.0 is reasonable. Based on the testimony and evidence presented, the Court finds that a multiplier of 1.0 should be applied.
8. The amount of reasonable attorney’s fees shall be calculated by the multiplication of the lodestar total from paragraph number 5 and the appropriate, if any, lodestar multiplier from paragraph number 7.
Lodestar Total
$10,642.50
(paragraph number 5)
Lodestar Multiplier x 1.0 (paragraph number 7)
Total:$
9. As to Robert Egan, Plaintiff’s expert witness:
a. Plaintiff is entitled to recover the expert witness fee of attorney Robert Egan, based upon the holding and reasoning contained in the case of Travieso v. Travieso, 474 So. 2d 1184 (Fla. 1985); and that
b. 3.7 hours is a reasonable amount of hours; and
c. $300.00 per hour is a reasonable hourly rate.
10. The expert witness fees that Plaintiff is entitled to recover on behalf of his expert witness for testimony before the trial court is $1,100.00.
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 $428.48.
WHEREFORE, IT IS ORDERED AND ADJUDGED as follows:
A. Plaintiff is entitled to a reasonable attorney’s fee in the amount of $10,642.50 to be paid by the Defendant.
B. Plaintiff is entitled to recover an expert witness fee in the amount of $1,100.00 to be paid by the Defendant.
C. Plaintiff is entitled to reasonable costs in the amount of $428.48 to be paid by the Defendant.
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