Allstate Insurance Company et al v. Vizcay et al

Filing 489

ORDER denying 484 Defendants' Motion to Strike; denying 488 Defendants' Motion to Strike. See Order for details. Signed by Judge Elizabeth A. Kovachevich on 4/14/2014. (rjm)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ALLSTATE INSURANCE COMPANY;
ALLSTATE INDEMNITY COMPANY;
ALLSTATE PROPERTY AND CASUALTY
INSURANCE COMPANY; ALLSTATE FIRE
AND CASUALTY INSURANCE COMPANY;
and ALLSTATE VEHICLE AND PROPERTY
INSURANCE COMPANY (F/K/A DEERBROOK
INSURANCE COMPANY, SUCCESSOR BY
MERGER TO NORTHBROOK INDEMNITY
COMPANY),
Plaintiffs,
v.

Case No. 8:11-CV-804-EAK-EAJ

SARA C. VIZCAY, M.D.; BEST CARE MEDICAL
CENTER, INC.; CALEB HEALTH CARE, INC.;
FLORIDA REHABILITATION PRACTICE, INC.
(F/K/A DANA MEDICAL CENTER, INC.);
GLOBAL DIAGNOSTIC CENTER, INC.;
PERSONAL MEDICAL CENTER, INC.; P.V.C.
MEDICAL CENTER, INC.; and REGIONAL
ENTERPRISES FOR HEALTH CORPORATION,
Defendants.

/
ORDER
This cause comes before the Court on Defendants’, Best Care Medical Center, Inc., Florida
Rehabilitation Practice, Inc., and P.V.C. Medical Center, Inc. (the “Medical Director Clinics”),
Motion to Strike and/or Limit Testimony of Connie Coleman, (Doc. # 484), Defendants’, Caleb
Health Care, Inc., Global Diagnostic Center, Inc., Personal Medical Center, Inc., Regional
Enterprises for Health Corporation (the “Wholly Owned Clinics”), and Sara C. Vizcay, Motion to
Strike Connie Coleman, (Doc. # 488), and Plaintiffs Response in Opposition. (Doc. # 487). For
the reasons stated below, the Defendants’ Motions are DENIED.

BACKGROUND
The Plaintiffs brought this action against Dr. Vizcay and seven health care clinics to dispute
and avoid the payment of No-Fault Personal Injury Protection ("PIP") claims. Plaintiffs argue the
PIP payments are not properly payable to the defendant health care clinics. Specifically, Plaintiffs
allege the Defendants engaged in fraudulent billing practices, in addition to failing to comply with
the licensing requirements of the Florida Health Care Clinic Act ("HCCA"). Consequently,
according to Allstate, all claims for services performed by the health care clinics in violation of
the HCCA are not properly payable. The Medical Director Clinics seek to preclude Allstate’s
expert Connie Coleman from testifying on the grounds that Ms. Coleman’s testimony will not aid
the trier of fact on a material issue; Allstate has not provided any information upon which it relied
to make or deny payments to the Defendants, and, therefore, Ms. Coleman’s testimony regarding
allegedly fraudulent billing procedures does not assist the triers of fact. (Doc. # 484). The Wholly
Owned Clinics adopted this argument. (Doc. # 488). Plaintiffs oppose the Motion, and contend
Ms. Coleman’s testimony will assist the jury to determine whether the bills were unlawful or
fraudulent. (Doc. # 487).
ANALYSIS
Among their causes of action, Plaintiffs have alleged the collective Defendants were
unjustly enriched. (Doc. # 1). Under Florida law, Plaintiffs may recover past, and avoid future,
payments that were not lawful. Fla. Stat. § 627.736(5)(b)(l)(b). Ms. Coleman’s testimony
addresses the lawfulness of the bills. Accordingly, Ms. Coleman’s testimony may assist the triers
of fact to determine the lawfulness of the bills, and Plaintiffs have met the burden of demonstrating
Ms. Coleman’s specialized knowledge will assist the triers of fact in determining the issue of unjust
enrichment. See Kumho Tire Co. v. Carmichael. 526 U.S. 137, 141 (1999); Daubert v. Merrell

Dow Pharm.. Inc.. 509 U.S. 579, 592 (1993); Federal Rule of Evidence 702. The probative value
of this testimony is not substantially outweighed by any unfair prejudice. Accordingly, it is
ORDERED and ADJUDGED that Defendants’ Motions are DENIED.
DONE and ORDERED in Chambers, in Tampa, Florida, this 14th day of April, 2014.