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Wingfield v. State through Department of Transportation and Development5/14/2004
rial: $1500.00 for Mr. Lock, $1375.00 for Mr. Bronstad, $500.00 for Mr. Mounce, $675.00 for Mr. Voogt, $262.50 for Mr. Long, $200.00 for Dr. Clifford, and $1250.00 for Dr. Weintraub. For Ms. MacLellan's testimony, the record does not provide sufficient evidence of the time spent in deposition or adequately distinguish between the fee and related cost of the videotaped deposition.
As to the fees and costs claimed for work done in preparation and outside of the courtroom, "for example, time spent gathering facts necessary for [the expert's] testimony, time spent away from regular duties while waiting to testify, or if the party seeks a fee outside of that normally charged by similar experts in that field," the party must present the requisite proof.
Wampold, 01-0808 at p. 3, 837 So.2d at 640. In this case, with no stipulation by the parties, the plaintiffs in rule had to present particular evidence from the experts in a manner subject to cross-examination. Thus, a bill, even one coupled with an attestation of the truth and correctness, does not meet the requirements of Wampold. Without more direct evidence on the value of the out-of-court claims, and their relevance to the expert's opinion, particularly those claims for the unusual charges for assistants and for lost time arising from travel, the trial court had no basis to determine the reasonableness of the those claims.
For these reasons, we find that the trial court's award of fees and related costs arising from the trial work must be reversed. For the disputed in-court work, we award $5762.50, and order defendants, DOTD and its insurer, to pay 66% of that award, or $3803.25. As to the other claims disputed on appeal, but not resolved by this opinion, we remand for stipulations, or an evidentiary hearing, and further proceedings consistent with this opinion. The award of the Daubert fees and related costs, and all other aspects of the judgment, are affirmed. The costs of this appeal, $3,441.30, are assessed one-half to plaintiffs and one-half to the DOTD.
AFFIRMED IN PART, REVERSED IN PART, RENDERED, AND REMANDED.
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