HomeMy WebLinkAbout0478 We agree that this total ree is "truly exorb~td,~L, particularZy ~
when compared with the fees charged by the o ther med-ical experts
and when~ th~ nature of the services rendered is considered.
. This physician is an orthopedic surgeon practicing in
Tampa who examined the injured plaintiff on referral by plaintiffs' 1
counsel. He testified at trial as to his opinion of the extent ~
and permanency of plaintiff's injuries. This physician's trial
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testimony covers a total of.thirty-one pages, seven of which are
devoted to qualifying him as an expert. For this testimony, '
which required him to travel from Tampa to Ft. Pierce~, and
to spend the day away from his office, he claimed a fee of $2,150.00.
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We compare this amount with the ~200.00 fee charged by the primary
treating physician for his testimony at trial. Although the
primary physician was a local doctor who probably was not
required to spend.hours away from his practice in order to ~
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appear at trial, the additional time necessaril.y invoived in th~ €
appearance of an out of town physician at trial does not justify
the grossly disproportionate fee charged by the more geographically ;
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a; e+-~.,.- a....~-.,,- wo fnrthAr ~ntr~ that annther exoert witness i
fromytheMTarapa area who testified at trial_ charc~d approximately f
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' $532.00 for his trial appearance. This witness is a college ~
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professor of economics and business who projected the injured #
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plaintiff's loss of earnings. ~
We are well aware of the escalating costs of litigation
and that trial counsel often is caught in the dilemma of either ~
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paying the large fee demanded by an expert or proceeding to trial ~
without the benefit of the expert's testimony.2 Nevertheless,
attorneys as well as the court have an obligation to keep the costs-~
of_ litigation within reasonable bounds. Loftin v. Anderson, 66 So.
~ 2d 470 (Fla. 1953). It follows that while the trial court has
broad discretion in taxing costs, the exercise of this discretion
2. Plaintiff's trial counsel observed at the costs hearing: ~
"And as to a~ny of the doctors whose testimony was required here, ~
again, it is a matter of either I pap them the fee that they ask, !
or you cannot get them here for the trial." (T. Vol. III, p:218). ~
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