9 Fla. L. Weekly Supp. 723c
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Medical expert’s representation that $500 is his hourly rate for giving deposition testimony is accepted — Insured is to bring payment for expert’s fee to deposition and tender payment immediately preceding deposition — Expert is not entitled to payment for time spent preparing for deposition
THERESA JOHNSON, Plaintiff, vs. ALLSTATE INDEMNITY COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02-CC-1244-20-F. August 27, 2002. Mark E. Herr, Judge. Counsel: Alexander Billias, Morgan, Colling and Gilbert, P.A., Orlando, for Plaintiff. William K. Pratt, Cameron, Hodges & Coleman, P.A., Orlando, for Defendant.
ORDER ON PLAINTIFF’S MOTIONTO SET REASONABLE FEE
THIS CAUSE having come before the Court on August 14, 2002 on Plaintiff’s Motion to Set Reasonable Fee, (certificate date July 9, 2002), both parties appearing through counsel and having presented the following argument:
FACTS AND PROCEDURAL BACKGROUND
1. This personal injury protection litigation involves nonpayment of medical bills by Defendant pursuant to an independent medical examination conducted by Neil A. Weider, D.C.
2. Plaintiff scheduled the deposition of Neil A. Weider, D.C., to take place on September 19, 2002 at 9:00 a.m. at Dr. Weider’s office, which is located at 820 West Lake Mary Boulevard, Sanford, Florida 32773.
3. After scheduling said deposition, Dr. Weider contacted Plaintiff’s counsel and demanded prepayment in the amount of $750.00, which included one (1) hour of his deposition testimony at an hourly rate of $500.00 and a $250.00 deposition preparation fee.
4. At the hearing on Plaintiff’s Motion to Set Reasonable Fee, Dr. Weider requested additional compensation in the amount of $250.00, for his driving time from his home to the deposition on September 19, 2002.
5. Plaintiff argued that Dr. Weider’s hourly rate of $500.00 is excessive and that chiropractors are typically awarded hourly rates for deposition testimony in the range of $250.00 to $300.00. In support of her position, Plaintiff cited Longwood Chiropractic Group, on behalf of Robert Demetree, D.C., F.I.A.M.A. v. Progressive Express Ins. Co., 8 Fla. Supp. 367a (Fla. Seminole Cty. Ct. 2001); Silva v. State Farm Mut. Auto. Ins. Co., 8 Fla. Supp. 650b (Fla. Hillsborough Cty. Ct. 2001); Ducati v. State Farm Mut. Auto. Ins. Co., 9 Fla. Supp. 141a (Fla. Pinellas Cty. Ct. 2001); Rivas Therapy Clinic, as assignee of Sonya Hanor v. Allstate Indemnity Co., 9 Fla. Supp. 251a (Fla. Hillsborough Cty. Ct. 2002); and Medical Evaluation Ctrs., Inc., as assignee of Timothy Mullen v. State Farm Mutual Auto. Ins. Co., 8 Fla. Supp. 861a (Fla. Hillsborough Cty. Ct. 2001).
6. In addition, Plaintiff argued that Dr. Wieder is not entitled to be prepaid, as there is no section of Florida Statutes whereby a doctor is entitled to prepayment for giving deposition testimony. Plaintiff also asserted that it would be more appropriate to bring payment to the deposition of Dr. Wieder.
7. Plaintiff also argued that Dr. Weider should not be entitled to payment for the time he expends in preparation for his deposition, as a deposition preparation fee is not a taxable cost under the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions.
8. Lastly, Plaintiff argued that Dr. Weider should not be compensated for his time driving to the deposition, as the deposition was scheduled at Dr. Weider’s office and Dr. Weider would be driving to work at his office on September 19, 2002 in the regular course of business, even if his deposition was not scheduled for that day.
LAW AND ANALYSIS
The Court does hereby ORDER and ADJUDGE as follows:
9. Dr. Weider has represented to this Court that $500.00 is his hourly rate for giving deposition testimony and this Court will rely upon Dr. Weider’s representations. Accordingly, the hourly rate to be paid Dr. Weider for his deposition testimony is $500.00.
10. This Court finds that “cash on the barrelhead” is the fairest method for medical experts such as Dr. Weider to be compensated for their deposition testimony. Accordingly, Plaintiff’s counsel shall bring payment in the amount of $500.00 to the deposition of Dr. Weider and tender payment to Dr. Weider immediately preceding the start of the deposition.
11. Dr. Weider is not entitled to the compensation he has requested for the time he expends in preparation for his deposition. Accordingly, Dr. Weider’s request for $250.00 in this regard is hereby DENIED.
12. Dr. Weider is not entitled to the compensation he has requested for the time he expends in driving to his deposition, which is scheduled to take place at his office. Accordingly, Dr. Weider’s request for $250.00 in this regard is hereby DENIED.
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