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Auto Injury Sols. v. Fla. Hosp. Med. Ctr.

Florida Court of Appeals, Fifth District
Aug 20, 2021
No. 5D21-590 (Fla. Dist. Ct. App. Aug. 20, 2021)

Opinion

5D21-590

08-20-2021

AUTO INJURY SOLUTIONS, Petitioner, v. FLORIDA HOSPITAL MEDICAL CENTER AS ASSIGNEE OF CINDY GUAJARDO, Respondent.

Rebecca L. Delaney and Kimberly A. Sandefer, of Dutton Law Group, PA, Tampa, for Petitioner. Chad A. Barr and Virginia E. Davis Horton, of Chad Barr Law, Altamonte Springs, for Respondent.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Petition for Certiorari Review of an Order from the County Court for Orange County, Brian F. Duckworth, Judge.

Rebecca L. Delaney and Kimberly A. Sandefer, of Dutton Law Group, PA, Tampa, for Petitioner.

Chad A. Barr and Virginia E. Davis Horton, of Chad Barr Law, Altamonte Springs, for Respondent.

PER CURIAM.

In Depositors Insurance Co. v. Pasco-Pinellas Hillsborough Community Health System, 46 Fla.L.Weekly D1320 (Fla. 5th DCA June 4, 2021), we recently concluded that when there has been no affirmative determination or diagnosis by either a physician, dentist, or an advanced registered nurse practitioner that the injured person at issue in the litigation suffered an "emergency medical condition" from a motor vehicle accident, personal injury protection ("PIP") benefits were limited to $2, 500. Based on this decision, we grant the petition for writ of certiorari now before us and quash, in its entirety, the trial court's October 28, 2020 order that denied Petitioner's second amended objection and its motion for protective order regarding the taking of the deposition duces tecum of its corporate representative.

We note that under section 627.736(1)(a)3. and 4., Florida Statutes (2018), a physician's assistant is one of the providers who also may determine whether the injured person did or did not sustain an emergency medical condition. However, because the insurance policy in Depositors Insurance did not list a physician's assistant as one of the providers who could also make that determination, we did not include a physician's assistant in our conclusion there.

PETITION GRANTED; ORDER QUASHED.

LAMBERT, C.J., HARRIS and WOZNIAK, JJ., concur.


Summaries of

Auto Injury Sols. v. Fla. Hosp. Med. Ctr.

Florida Court of Appeals, Fifth District
Aug 20, 2021
No. 5D21-590 (Fla. Dist. Ct. App. Aug. 20, 2021)
Case details for

Auto Injury Sols. v. Fla. Hosp. Med. Ctr.

Case Details

Full title:AUTO INJURY SOLUTIONS, Petitioner, v. FLORIDA HOSPITAL MEDICAL CENTER AS…

Court:Florida Court of Appeals, Fifth District

Date published: Aug 20, 2021

Citations

No. 5D21-590 (Fla. Dist. Ct. App. Aug. 20, 2021)