Polston v. Levine

Banke, Presiding Judge.

During the pendency of a “slip-and-fall” action against Columbia Management Corporation, which is not a party to this appeal, the appellant subpoenaed her physician, Dr. Allan Levine, to provide deposition testimony regarding the extent of her injuries. Accompanying the subpoena was a check for $10, tendered as a witness fee. Dr. Levine refused to accept this payment and on the date of the deposition informed appellant’s counsel that he would expect payment of his standard deposition fee, calculated at the rate of $275 for the first hour or portion thereof. The…