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Volume 11

Case Search

MARIA DEL SALTO, Plaintiff, v. THE CITY OF SUNRISE, Defendants.

11 Fla. L. Weekly Supp. 635b

Torts — Personal injury — Automobile accident — Action against municipal corporation — Discovery — Depositions — Expert witness fee — Plaintiff’s treating physician is entitled to expert witness fee for deposition testimony regarding care, treatment, coding, and billing even though physician has accepted assignment of personal injury protection benefits and letter of protection from plaintiff

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FRANCISCO M. GOMEZ, M.D., P.A. (As assignee of Zoe Andrusyshyn), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 461a

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is not entitled to expert witness fee for deposition testimony, but deposition will take place at plaintiff’s medical facility — Documents — Physician is ordered to produce material and correspondence relative to examination and treatment rendered at any time to insured and agreements between physician and plaintiff that show physician is plaintiff’s corporate representative

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ROYAL PALM BEACH MEDICAL CENTER, (Distefano, James), Plaintiff, vs. PROGRESSIVE BAYSIDE INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 352b

Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician qualifies as expert witness entitled to fee for deposition testimony — $400 per hour is reasonable fee — Question certified: Is a treating physician, who has not been retained or specially employed by another party in anticipation of litigation or preparation for trial, entitled to an expert witness deposition fee under Florida Rule of Civil Procedure 1.390?

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