Volume 12

Case Search

CLINIC CENTER, INC., A. J. DIAGNOSTIC CENTER, INC., AIM X-RAY AND DIAGNOSTIC CENTER, INC., assignees of Maritza Ortiz, MARITZA ORTIZ, individually, and GARY LUSTGARTEN NEUROSURGICAL ASSOCIATES, INC., a/a/o Maritza Ortiz, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

12 Fla. L. Weekly Supp. 1079a

Attorney’s fees — Insurance — Personal injury protection — Amount — Contingency risk multiplier — Where counsel for medical provider was employed on pure contingency basis and was unable to mitigate risk of nonpayment in any way, but relevant market did not require contingency risk multiplier to obtain competent counsel, multiplier is not applicable — Expert witness fees, costs and prejudgment interest awarded

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ASCLEPIUS MEDICAL, INC., a/a/o Barbaro Hernandez, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

12 Fla. L. Weekly Supp. 1076a

Attorney’s fees — Insurance — Personal injury protection — Amount — Contingency risk multiplier — Where fee agreement between medical provider and counsel constituted pure contingency fee arrangement, but relevant market did not require multiplier to obtain competent counsel, multiplier is not applicable — Expert witness fee, costs and prejudgment interest awarded

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DR. STEPHEN CHASE, a/a/o Marie M. Geneus, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant.

12 Fla. L. Weekly Supp. 1075a

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where attorney for medical provider was employed on pure contingency basis, relevant market did require multiplier to obtain competent counsel, attorney was unable to mitigate risk of nonpayment in any way, and provider’s likelihood of success was even at outset of case, multiplier of 2.0 is applicable — Prejudgment interest, expert witness fee and costs awarded

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DANIEL S. YACHTER, D.C., P.A., as assignee of LORI WOYCEHOSKI, Plaintiff, vs. NATIONWIDE PROPERTY AND CASUALTY INSURANCE COMPANY, a corp. authorized and doing business in the State of FL, Defendant.

12 Fla. L. Weekly Supp. 180a

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where PIP suit concerned accounting and billing error primarily caused by medical provider’s accounting and billing practices, multiplier is not appropriate — Expert witness fee awarded

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KISSIMMEE MASSAGE THERAPY, INC., as Assignee of Megan Shephard, Plaintiff, v. PROGRESSIVE CONSUMERS INSURANCE COMPANY, a corporation authorized and doing business in the State of Florida, Defendant.

12 Fla. L. Weekly Supp. 179a

Attorney’s fees — Insurance — Personal injury protection — Contingency risk multiplier — Where litigation presented undesirable claim for neuromuscular reeducation for which medical provider could not have obtained competent counsel on standard contingency fee unless multiplier was used, amount in recovery was small, results obtained were excellent, fee contract was pure contingency agreement which allowed for multiplier, and chance of success at outset was 50%, multiplier of 1.5 is appropriate — Costs, expert witness fee, and prejudgment interest awarded

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