19 Fla. L. Weekly Supp. 586b
Online Reference: FLWSUPP 1907LABRInsurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is not entitled to expert witness fee for his deposition testimony
A-1 MEDICAL, INC., as assignee of Norman Labrador, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant(s). County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 11-CC-003142, Division H. March 23, 2012. Honorable Margaret T. Courtney, Judge. Counsel: Stuart Yanofsky, Stuart B. Yanofsky, P.A., Plantation, for Plaintiff. Matthew Brumley, Dutton Law Group, Tampa, for Defendant.
ORDER DENYING AN EXPERT WITNESSFEE TO EDUARDO ERCIA, MD
THIS CAUSE, having come before the court on 2/22/12, on the Defendant’s Motion to Dismiss, or in the alternative, Motion for Sanctions and Motion to Compel the Deposition of Eduardo Ercia, MD, with the Plaintiff, having been represented by Stuart Yanofsky, Esq., and the Defendant, having been represented by Matthew Brumley, Esq, and the court, being fully advised in the premises, hereby rules as follows:
IT IS ORDERED AND ADJUDGED that:
1, The above styled lawsuit is an action for PIP benefits.
2. The Defendant moved to compel the deposition of Eduardo Ercia, MD (the owner and operator of the Plaintiff/medical clinic).
3. Dr. Erica also examined the assignor and prescribed the medical treatments and services at issue in this lawsuit
4. The counsel for the Plaintiff requested that Dr. Ercia be awarded an expert witness fee if he is to be deposed in this case.
5. The court hereby DENIES the award of an expert witness fee in regard to the deposition of Eduardo Erica, M.D. in this case See Comprehensive Health Center, Inc. v. United Auto Ins., 56 So.3d 41 (Fla 3d DCA 2011) [36 Fla. L. Weekly D54b].
* * *