26 Fla. L. Weekly Supp. 771a
Online Reference: FLWSUPP 2609FAIFInsurance — Personal injury protection — Discovery — Depositions — Treating physician is entitled to expert witness fee for deposition testimony — Failure to appear — Sanctions — Medical provider is entitled to attorney’s fees and court reporting costs where insurer’s corporate representative failed to appear for deposition or file motion for protective order
PARK PLACE THERAPY LLC, (a/a/o Nelcy Milagros Leon Faife), Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 18-CC-007800. October 26, 2018. Jared Smith, Judge. Counsel: Timothy A. Patrick, Patrick Law Group, P.A., Tampa, for Plaintiff. Todd Migacz, for Defendant.
ORDER
THIS MATTER having come before the court on October 22, 2018 on Plaintiff’s Motion for Protective Order/Motion for Entitlement to Expert Witness Fee, Plaintiff’s Amended Motion for Sanctions and Defendant’s Motion to Compel Deposition. Timothy A. Patrick, Esquire appeared for Plaintiff. Todd. Migacz, Esquire appeared for Defendant. The court, having reviewed the file, considered the motion, the arguments presented by counsel, applicable law, and being otherwise fully advised, finds,
1. As to Plaintiff’s Motion for Protective Order/Motion for Entitlement to Expert Witness Fee, Plaintiff’s Amended Motion for Sanctions and Defendant’s Motion to Compel Deposition, the court rules that treating physician/Medical Director, Luis Merced, M.D., is entitled to a reasonable expert witness fee of $750.00 per hour per Defendant’s request for a two (2) hour deposition.
2. The court rules that owner and LMT, Jose Lopez, may similarly be entitled to a reasonable expert witness fee for his deposition. However, the court reserves on the final determination in this regard.
3. Plaintiff’s Amended Motion for Sanctions alleged that Defendant refused to appear for a deposition that had been re-scheduled multiple times and that Defendant failed to file the required Motion for Protective Order prior to its failure to appear.
4. Plaintiff’s Amended Motion for Sanctions is HEREBY GRANTED.
5. Plaintiff is entitled to two (2) hours of attorney’s fees at the reasonable hourly rate of $500.00 per hour, along with the court reporting costs of $125.00 for a total of $1,125.00.
6. Said sanctions shall be paid to Plaintiff’s counsel within thirty (30) days of this hearing.
7. The deposition of Defendant’s Corporate Representative shall occur within forty-five (45) days of this hearing. The deposition of Dr. Merced shall occur within seventy-five (75) days of this hearing.