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Florida Fourth DCA reverses summary judgment for plaintiff medical provider in PIP lawsuit, finding disputed issues of material fact

On October 27, 2021, in State Farm v. Hollywood Diagnostic Center, Inc., No. 4D21-202, the Florida Fourth DCA reversed a trial court’s summary judgment for the plaintiff medical provider in a Personal Injury Protection insurance (PIP) case. The Fourth DCA concluded that the trial court erred in granting summary judgment because there were disputed issues of material fact, finding that the affidavit from the plaintiff’s owner attesting to the reasonableness of the plaintiff’s prices was self-serving and conclusory, that the trial court incorrectly struck the affidavit of the defendant’s expert coding witness, and that the trial court erred by weighed the credibility of competing experts.