bscm2119-asp43tkn27jah2al

Shareholder Michael J. Thomas presented a lecture to the Nurse Residency Program at Tallahassee Memorial Hospital concerning the litigation process

Thu, 16 Apr 2026 12:42:59 GMT

Shareholder Michael J. Thomas recently presented a lecture to the Nurse Residency Program at Tallahassee Memorial Hospital (“TMH”) concerning the litigation process. The audience was a group of over 70 nursing residency program members. TMH’s Nurse Residency Program is the only accredited nurse residency program in the region, and it bridges the gap between classroom learning and direct patient care. The participants, all new nurse graduates that were part of the year-long mandatory Nurse Residency Program at TMH, were active and engaged during the lecture, asking numerous questions regarding how litigation is handled when nursing care is involved.

Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike is a member of the American Board of Trial Advocates, the members of which exhibit virtues of civility, integrity, and professionalism in trial advocacy. He has been awarded Attorney of the Year twice by the American Board of Trial Advocates, having recently received his second award in 2026. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States.

Pennington, P.A. Obtains Full Defense Verdict in Premises Liability Case

Tue, 24 Feb 2026 22:00:06 GMT

Shareholders Michael J. Thomas and Cody W. Short recently earned a defense verdict in a premises liability case in Bay County, Florida. The plaintiff, a plastic surgeon, alleged that the defendant, a surgery center, allowed a dangerous condition to exist within the defendant's premises where the plaintiff worked, resulting in an alleged injury sustained when the plaintiff collided with a coworker in a hallway. Specifically, the plaintiff alleged that the hallway should have had a safety mirror at the intersection of two hallways, and that defendant failed to follow its policy regarding completion of documentation during the pre-operative phase of a patient’s surgery. The plaintiff alleged that the injury caused permanent/total disability, affecting his ability to perform plastic surgeries. The defense successfully showed that there was no dangerous condition, and no negligence on the part of the surgery center. The case was tried before Judge James J. Goodman and resulted in a complete defense verdict for the defendant on February 11, 2026.

Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike is a member of the American Board of Trial Advocates. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States.

Cody W. Short’s practice focuses on insurance defense and litigation, including medical/dental malpractice, product liability, premises liability, commercial litigation, and employment litigation. Cody is licensed to practice law in Florida and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, as well as the United States Court of Appeals for the Eleventh Circuit. Cody has previously been recognized as a Super Lawyers Rising Star and by Best Lawyers: Ones to Watch in America.

Pennington is pleased to announce two new shareholders to the team!

Thu, 12 Feb 2026 15:35:28 GMT

We are pleased to announce that and Marc Ito and Rachel Givens have been named shareholders of Pennington PA.

This well-deserved recognition reflects their outstanding legal expertise, dedication to client service, and meaningful contributions to the continued success of our firm. We are proud to welcome them into firm leadership and look forward to their ongoing impact in the years ahead.

Please join us in congratulating Marc and Rachel on this significant professional achievement.

Pennington PA welcomes Nicholas Lecakes to the firm

Thu, 12 Feb 2026 15:12:50 GMT

Pennington PA is pleased to welcome Nicholas A. Lecakes to the firm.

Nick brings a strong commitment to client service, dedication to excellence, and valuable experience in the areas of Insurance Defense , Labor & Employment Law , Professional Liability Defense and Trucking & Transportation Defense . We are proud to have Nick join our team and look forward to the contributions he will make to our clients and our firm.

Please join us in welcoming Nicholas to the firm. Stay tuned for a full bio!

Pennington's Steven Puritz and Derek Womack obtain directed verdict at trial for the defense of an automobile negligence lawsuit

Thu, 18 Dec 2025 20:42:05 GMT

Firm partners Steven Puritz and Derek Womack obtained a directed verdict on permanency at the close of the plaintiff’s case in chief in a recent jury trial in the Circuit Court of Leon County, Florida. The 26-year-old plaintiff, a former Tallahassee resident, sustained a hand/wrist fracture in a February 4, 2021 head-on collision near the Florida State University campus. Liability and permanency were disputed. Plaintiff treated for approximately three months, with treatment ending four years before trial. Although he claimed ongoing symptoms and limitations, his treating surgeon testified that, at the last visit, the fractures had healed, plaintiff was pain-free, and he had full use of his hand. No witness testified that plaintiff sustained a permanent injury within a reasonable degree of medical probability.

At the close of plaintiff’s case, the defense moved for directed verdict under section 627.737(2), Florida Statutes, based on the absence of any evidence of permanent injury. Plaintiff argued that a small surgical scar on his hand satisfied the statutory “significant scarring” threshold. The only evidence of scarring was a nearly imperceptible, dot-sized mark. The court found that no reasonable jury could deem the scar “significant” under the statute and directed a verdict for the defense on permanency, eliminating plaintiff’s claim for non-economic damages. The remaining recoverable damages consisted solely of past medical expenses, which were subject to collateral source set-offs that would have reduced any verdict to only a few hundred dollars. Thus, even if plaintiff had prevailed on liability, there would have been no meaningful recoverable damages.

Because Defendants were certain to be awarded attorney’s fees and costs based on a previously rejected proposal for settlement, prior to the start of Defendant’s case-in-chief, Plaintiff dismissed his case with prejudice based on the agreement Defendants would waive entitlement to recover fees and costs against Plaintiff.

Ben Andrews and Stephanie Clark, victorious in five-day personal injury jury trial

Tue, 02 Dec 2025 19:54:03 GMT

Firm partners, Ben Andrews and Stephanie Clark , were recently victorious in a five-day personal injury jury trial held in Jacksonville, Duval County last month. Plaintiff, a 75-year-old resident of Clay County, was allegedly injured in a rear-end motor vehicle accident in October of 2022. She pursued little initial conservative treatment after the accident but underwent lower back surgery three months post-accident and neck surgery nine months post-accident. Ben and Stephanie were able to establish that the injuries Plaintiff claimed were not caused by the accident but were actually a continuation of Plaintiff’s long-standing degenerative neck and low back conditions. Further, they were able to establish that the need for the surgeries after the accident was related to those pre-existing conditions and that the surgeries Plaintiff underwent would have been needed even if the accident hadn’t occurred.

Liability for the accident was admitted, but causation of injuries and the total amount of reasonable damages was hotly contested. At the close of the case, Plaintiff requested over $7 million in damages, but the jury returned a defense verdict of no permanency, no future medical treatment, and awarded only $13,000 in past medical expenses, which is the exact amount suggested by the defense. The amount awarded by the jury was significantly less than a pre-trial Proposal for Settlement offered by the Defendants.

Pennington Well-Represented at 2025 DOAH Trial Academy

Wed, 12 Nov 2025 20:59:23 GMT

Partners Marc Ito and Chad Dunn , and associate Trey Schulte , recently attended the Florida Division of Administrative Hearings’ Trial Academy. Marc and Chad volunteered their extensive administrative law experience to educate other lawyers on litigating at administrative hearings. Trey was honored to attend as a student for the opportunity to hone his litigation skills. The Trial Academy is an intensive, week-long program to teach lawyers the finer points of administrative litigation, hosted by Florida’s esteemed Administrative Law Judges and Judges of Compensation Claims.

Pennington PA participates in Tallahassee Bar Association 28th Annual Chili Cook-Off

Wed, 22 Oct 2025 13:24:41 GMT

The Pennington, P.A. team had a fantastic time participating in the Tallahassee Bar Association’s 28 ^th Annual Chili Cook-Off, benefiting the Legal Aid Foundation of Tallahassee.

This year our associates brought the fun with a carnival-themed booth and a special chili recipe that earned us the People’s Choice Award! We’re proud to continue supporting this great event, which raises funds to provide legal services to those in need and ensure access to justice in our community.

A huge thank you to everyone who stopped by, voted for our chili, and helped make the day a success!

Pennington’s Christopher L. Hill Presents Lecture to Nurse Residency Program at Tallahassee Memorial Hospital

Mon, 15 Sep 2025 20:00:45 GMT

Shareholder Christopher L. Hill recently presented a lecture to the Nurse Residency Program at Tallahassee Memorial Hospital (“TMH”) concerning the litigation process. The audience was a group of over 40 nursing residency program members. TMH’s Nurse Residency Program is the only accredited nurse residency program in the region. The participants, all new nurse graduates that were part of the year-long mandatory Nurse Residency Program at TMH, were active and engaged during the lecture, asking numerous questions.

Christopher L. Hill’s practice focuses on insurance defense and litigation, including medical/dental malpractice, bodily injury and under/uninsured motorist claims, auto/trucking litigation, Personal Injury Protection claims, and commercial litigation, as well as commercial Landlord-Tenant law. Christopher is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Middle and Southern Districts of Florida.

Pennington Shareholder Christopher L. Hill Presents at 45th Annual FSHRM&PS Conference

Tue, 19 Aug 2025 16:10:53 GMT

Shareholder Christopher L. Hill recently had the pleasure of presenting at the 45th Annual FSHRM&PS Conference in Orlando, Florida, to risk managers, nurses, and insurance representatives from around the state. He presented on the topic of "Current Legal Issues Facing Pressure Injury Cases" to a fully packed room, as well as, online attendees. He discussed real-world examples of the challenges a defense attorney faces in medical malpractice defense, which allowed audience members understand some ideal practices to implement moving forward. Christopher’s presentation, and the annual conference as a whole, proved to be a resounding success.

Christopher Hill’s practice focuses on insurance defense and litigation, including medical/dental malpractice, bodily injury and under/uninsured motorist claims, auto/trucking litigation, Personal Injury Protection claims, and commercial litigation, as well as commercial Landlord-Tenant law. Christopher is licensed to practice law in Florida and Georgia, and he has been admitted to practice in the U.S. District Court for the Middle and Southern Districts of Florida. #pennington #penningtonpa #penningtonlaw

Pennington attends 45th Annual Florida Society for Healthcare Risk Management & Patient Safety Conference

Mon, 18 Aug 2025 14:44:14 GMT

Pennington P.A. sponsored and attended the 45th Annual FSHRM&PS Conference in Orlando, Florida, and the firm was represented by partners Chase Boswell , Chris Hill , associates Logan Eagen , Geoffrey Place , and Nurse-Paralegal, Nena Hester. Pennington P.A. is proud to be a Platinum Sponsor for the third consecutive year of the Annual Meeting & Education Conference, which was attended in-person and online by over 450 risk managers, nurses, and insurance representatives. As a state-wide professional development association comprised of risk management and patient safety professionals, Pennington P.A. continues to acknowledge the Association’s value and contribution in the healthcare industry, and the team was honored to participate in another annual conference. #penningtonlaw #penningtonpa #pennington

Pennington Attorneys Appointed to Florida Bar Positions at 2025 Florida Bar Annual Convention

Fri, 08 Aug 2025 17:46:36 GMT

Last month, The Florida Bar held its annual convention in south Florida at The Boca Raton Resort. During the convention each year, numerous groups and organizations throughout the state meet to discuss issues and, in some cases, elect members of their respective boards.

Christopher Hill will remain a Director for the Florida State Law Alumni Association Board of Directors through 2026. Chris previously served as a Presidential Appointment on the Board of Directors since his graduation from law school in 2018. As a Director, Chris is responsible for sitting on one of the standing committees and assisting the College of Law in the area of development, alumni outreach, career services, or student recruitment. Additionally, Chris will attend board meetings and various other events and meet-ups throughout the next year.

Christopher Hill obtained his undergraduate degree and law degree from Florida State University. His practice focuses on insurance defense and litigation, including medical/dental malpractice, bodily injury and under/uninsured motorist claims, auto/trucking litigation, Personal Injury Protection claims, and commercial litigation, as well as commercial Landlord-Tenant law. Christopher is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Middle and Southern Districts of Florida.

During the Convention, Pennington partner Chad Dunn was elected Treasurer of the Administrative Law Section of The Florida Bar for the 2025–2026 term. As Treasurer, Chad will serve as the Section’s financial liaison to The Florida Bar, overseeing the Section’s budgeting, disbursements, and financial reporting. Chad has been an active member of the Administrative Law Section for several years. Most recently, he chaired the Legislative Committee. In addition, Chad has coached at the DOAH Mock Trial Academy for two consecutive years.

The Administrative Law Section is a professional organization composed of attorneys and judges who practice in areas involving administrative law and regulatory proceedings. The Section plays a vital role in advancing sound administrative procedure and fostering a community of professionals engaged in agency law, rulemaking, and administrative litigation.

Chad Dunn is a Florida licensed attorney. He focuses his practice on professional licensure defense, rule challenges, bid protests, and civil litigation. He previously served as Deputy General Counsel and Chief Prosecutor for the Florida Department of Health, where he led the prosecution of administrative complaints across more than forty licensed healthcare professions. His background includes extensive experience in regulatory enforcement and administrative law.

Also, during the Convention, Pennington partner Marc Ito completed his term as Immediate Past Chair of the Administrative Law Section, concluding Marc’s four-year term as an officer of the Section. Pennington is proud of its history of attorneys serving as officers of the Administrative Law Section, and we look forward to Chad’s continuing of that tradition.

Shareholder Luke J. Grabowski spoke at the 2025 Independent Funeral Directors of Florida Annual Conference in Palm Coast, Florida

Thu, 07 Aug 2025 18:39:58 GMT

Shareholder Luke J. Grabowski recently had the pleasure of speaking at the 2025 Independent Funeral Directors of Florida Annual Conference in Palm Coast, Florida. Mr. Grabowski served as a panelist on the Funeral Service Best Practices Panel and spoke on the importance of properly structuring business entities, licensure requirements under Chapter 497, Florida Statutes, and various other regulatory compliance issues for individuals and businesses in the deathcare industry. Mr. Grabowski was joined by experts in the field of funeral directing, cremation, embalming, and cemetery operations.

Mr. Grabowski has served as the General Counsel for the Independent Funeral Directors of Florida since 2018 and advises the association on a multitude of business, administrative, and legislative issues. He also regularly represents individuals and businesses in the industry with business transactions, business formation and licensure, administrative actions, and various other regulatory compliance issues.

Happy National Paralegal Day!

Wed, 06 Aug 2025 16:33:59 GMT

Today, we extend our deepest gratitude to our incredible paralegals. Your dedication, attention to detail, and tireless support behind the scenes make everything we do possible.

We truly could not do our jobs without you. Thank you for being the backbone of our legal team—your hard work does not go unnoticed.

#NationalParalegalDay #ThankYouParalegals #LegalSupport #ParalegalAppreciation #LawFirmLife #GratitudeInTheWorkplace #pennington #penningtonlaw #penningtonpa

Pennington Senior Housing Practice Group Presents at LeadingAge Southeast

Fri, 25 Jul 2025 19:39:06 GMT

Partner Leean Chojnowski and Shareholder Cody Short recently presented a session entitled "Legal and Regulatory Considerations for Continuing Care Providers" at the 62nd Annual LeadingAge Southeast Convention & Exposition in Orlando, Florida. The session provided an overview of the regulations that govern continuing care retirement communities (CCRCs) and assisted living providers. The session covered best practices and risk management strategies to consider when drafting residency agreements and handbooks, including an interactive discussion as to how medical marijuana, pets and service animals, mobility scooters, and AI-supported video monitoring can be addressed. The session also included tips for planning for the Office of Insurance Regulation application filing review process.

Ms. Chojnowski, Mr. Short, and Associate Jennifer Bagby attended the LeadingAge Southeast Convention as members of Pennington's Senior Housing Practice Group , which advises and represents for-profit and not-for-profit entities ranging from single-site providers to national organizations. Our senior housing clients include independent living, assisted living, memory care, and skilled nursing providers; continuing care retirement communities; management companies; investors; and others in the senior housing industry. Pennington has the depth of talent, experience, and resources to provide solutions to the most complex legal or regulatory issues, while providing clients with the accessibility and responsiveness usually associated with smaller firms.

Established in 1963 as a Florida not-for-profit corporation, LeadingAge Southeast provides education and advocacy resources for more than 250 senior living facilities in Florida, Louisiana, Mississippi, and Alabama. Pennington is a proud business member of LeadingAge Southeast.

Pennington Is Pleased To Announce The Formation Of The Senior Housing Practice Group

Tue, 22 Jul 2025 12:39:01 GMT

Pennington is pleased to announce the formation of the Senior Housing Practice Group to address the multifaceted needs of senior living providers. We understand that senior housing clients operate in a complex environment requiring counsel and representation involving administrative, business, construction, employment, healthcare, intellectual property, and real property law and litigation. The senior housing team utilizes a holistic, client-focused approach to coordinate efficient and effective legal services throughout the lifecycle of a community, from initial development and licensing to operational and compliance issues to the sale of a facility or winddown of business.

We advise and represent for-profit and not-for-profit entities ranging from single-site providers to national organizations. Our senior housing clients include independent living, assisted living, memory care, and skilled nursing providers; continuing care retirement communities; management companies; investors; and others in the senior housing industry. Pennington has the depth of talent, experience, and resources to provide solutions to the most complex legal or regulatory issues, while providing clients with the accessibility and responsiveness usually associated with smaller firms. Learn more about the Senior Housing Team .

Turning the Tide Early: Pennington Team Obtains Dismissal in Professional Malpractice Case

Fri, 18 Jul 2025 18:26:42 GMT

“We are pleased to share that our firm recently secured a favorable ruling on a motion to dismiss on behalf of a valued client in a professional malpractice case. While the court granted the plaintiff leave to amend, this ruling represents a significant step in defending professionals against unsupported claims and underscores the value of early, strategic motion practice.

Congratulations to our client, our Partner Ben Andrews , Associate John Yunger , and the rest of our litigation team for their excellent work on this matter!”

Pennington Shareholder Michael J. Thomas Presents at OMSNIC National Defense Counsel Seminar

Wed, 16 Jul 2025 16:18:20 GMT

Shareholder Michael J. Thomas recently had the pleasure of presenting with Jacqueline Sharuzi at the 2025 OMS National Defense Counsel Seminar in Chicago to other attorneys, oral and maxillofacial surgeons, and dentists from around the nation. He presented on the topic of "Effective Litigation Management: Avoiding Surprises in Litigation." He discussed the importance of preparing the insured for deposition, understanding the entirety of the medical record, and how to effectively manage expert witnesses that will best bolster the defense of the case. The presentation, and seminar as a whole, proved to be a resounding success.

Michael J. Thomas has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system and is an adjunct professor at the Florida State University College of Law. Mike is a member of the American Board of Trial Advocates. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States. #pennington #penningtonpa #penningtonlaw

Partner Chad Dunn presented “Beyond the Call: Ethics, Law & Real-World EMS Lessons” to the dedicated EMS personnel of the Marion County Fire Rescue

Mon, 14 Jul 2025 12:53:36 GMT

Pennington partner Chad Dunn had the opportunity to present “Beyond the Call: Ethics, Law & Real-World EMS Lessons” to the dedicated EMS personnel of the Marion County Fire Rescue.

The session explored the legal and ethical responsibilities of EMS providers in Florida, with real-world examples that focused on how actions can lead to an Administrative Complaint and impact a provider’s professional license. Topics included standard of care, documentation integrity, impairment, criminal acts, and the distinction between human error and misconduct.

Attendees also reviewed risk management strategies that can prevent incidents from escalating to a formal Administrative Complaint, including lessons learned from disciplinary cases in Florida EMS.

Chad is proud to support the EMS community with practical, high-impact education rooted in real cases, state law, and professional accountability.

Shareholder Brian Chojnowski and Associate Trey Schulte Obtain Judgement on Client’s Behalf

Thu, 10 Jul 2025 17:15:04 GMT

Shareholder, Brian Chojnowski , and associate, Trey Schulte , recently obtained a judgement for attorneys’ fees against a plaintiff and their counsel on behalf of their client. The case involved an injury to plaintiff while on property adjacent to Brian and Trey’s client’s property. Plaintiff’s counsel then filed suit, improperly naming Brian and Trey’s client as the owner of the property. After repeatedly reaching out to plaintiff’s counsel to inform them of the mistake, Brian and Trey filed a motion for sanctions pursuant to Fla. Stat. § 57.105.

At the motion hearing, Brian demonstrated to the court that plaintiff’s lawsuit was not supported by facts necessary to establish a claim and that plaintiff and their counsel had knowledge or should have had knowledge that the claim was unsupported. The court ruled in the defense’s favor and ordered plaintiff and their counsel to split Brian and Trey’s attorneys’ fees, thus saving the client from having to pay for their defense.

Associate Jennifer Bagby Sworn In to Georgia Bar

Mon, 30 Jun 2025 19:54:30 GMT

After passing the February 2025 Georgia Bar Exam, Associate Jennifer Bagby was recently admitted as a member of the Georgia Bar. Jennifer obtained her undergraduate degree from New York University in 2014. She graduated from the University of Mississippi School of Law in 2023. She is now licensed to practice law in Florida and Georgia, and able to assist clients with litigation matters in both jurisdictions. Her practice areas include insurance defense, professional liability defense, premises liability cases, and real estate matters.

Pennington’s Michael J. Thomas Achieves Recertification as a Board-Certified Civil Trial Lawyer

Thu, 12 Jun 2025 13:53:10 GMT

Shareholder Michael J. Thomas recently became recertified as a Board-Certified civil trial attorney with the State of Florida. Mr. Thomas has been recertified several times during his 30+ years as a practicing attorney. The Supreme Court of Florida acknowledges that attorneys with this distinction have “special knowledge, skills, and proficiency in [their] practice area, as well as character, ethics, and a reputation for professionalism in the practice of law.” Michael J. Thomas is among the 0.8% of attorneys barred in Florida who have the distinction of being recognized as a Board-Certified attorney in Civil Trial Law.

Pennington’s Medical Malpractice Team Obtains Summary Judgment on Client’s Behalf

Wed, 04 Jun 2025 13:15:05 GMT

Shareholders Christopher L. Hill and Chase E. Boswell recently defended a hospital from a vicarious liability claim, in a medical malpractice case in Circuit Court of the Tenth Judicial Circuit in and for Polk County Florida. The plaintiff alleged that the Emergency Medicine physician at the hospital failed to properly diagnose the patient and did not provide appropriate care. The plaintiff further alleged that the hospital was vicariously liable for the Emergency Medicine physician’s alleged breach of duty because the physician was an agent of the hospital.

Last month, the Court heard and entered summary judgment in favor of the hospital and against the plaintiff on plaintiff’s actual agency and apparent agency counts. The Court found there was insufficient evidence to support plaintiff’s claim that the physician was an agent of the hospital. This entry of summary judgment in favor of the hospital effectively removed them as a defendant from the lawsuit.

Chase E. Boswell’s practice focuses on insurance defense litigation, including medical/dental malpractice, products liability, premises liability, auto/trucking litigation, corporate and business matters, and employment litigation. Chase is licensed to practice law in Florida and Georgia, the United States Court of Appeals for the Eleventh Circuit, and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, and the U.S. District Court for the Southern District of Georgia.

Shareholder Christopher L. Hill Presents Lecture to University of Florida Dental Students

Fri, 23 May 2025 12:17:21 GMT

Shareholder Christopher Hill recently presented a lecture to dental students at the University of Florida College of Dentistry, during the Business Dentistry Symposium. The lecture covered important topics educating the students and informing them about the intersection of law and medical/dental care.

During his lecture in April 2025, Christopher presented on the litigation process in Florida, including an overview of Florida’s mandatory pre-suit notice of intent requirements, the presuit discovery process, as well as the formal litigation process after the pre-suit period ends. He educated the students on the various types of litigation (including civil, criminal, and administrative matters), depositions, and tips on how to avoid litigation. He also took questions from the students, and presented on the importance of documentation in patient dental records, and what constitutes appropriate informed consent.

Christopher Hill obtained his undergraduate degree and law degree from Florida State University. His practice focuses on insurance defense, including medical/dental malpractice, bodily injury and under/uninsured motorist claims, auto/trucking litigation, Personal Injury Protection claims, and commercial litigation, as well as commercial Landlord-Tenant law. Christopher is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Middle and Southern Districts of Florida.

Pennington’s Appellate Team Obtains Favorable Decision at the First DCA

Thu, 20 Mar 2025 19:21:18 GMT

Recently, Pennington Shareholders, Cody Short and Ben Andrews , and Associate, Geoffrey Place , filed an Answer Brief at the Florida First District Court of Appeal in a recent case involving alleged negligence in relation to the enrollment of a student in virtual learning.

In the case at issue, each of the student's parents had shared parental responsibility and joint authority over the student's educational decision making. After the student was enrolled in virtual learning at the request of one parent, the other parent disputed the decision, but the student was ultimately enrolled in virtual learning. At the lower court, the Pennington team successfully argued that the school possessed no duty to the opposing parent which would allow for such a claim of negligence, and that sovereign immunity barred suit in the matter. The lower court granted the Pennington Team's Motion to Dismiss.

After an appeal was filed at the First District Court of Appeal, Pennington's Appellate Team, again, successfully argued that the school owed no duty to Appellant which would give rise to a claim of negligence, and that suit was barred by sovereign immunity. After briefs were filed, the First District Court of Appeal issued a Per Curiam Affirmance of the lower court's order granting the Pennington Team's Motion to Dismiss in favor of the defendants. The Pennington Team is proud to have obtained another favorable decision for one of its clients.

Shareholder Cody Short and Partner Chad Dunn alongside Dr. Ray Morse present at the 2025 Northwest District Dental Association Annual Meeting

Tue, 18 Mar 2025 14:31:42 GMT

Pennington shareholder Cody Short and partner Chad Dunn , alongside Dr. Ray Morse, presented a “Legal Care Guide on Litigation & Licensure Investigation" at the 2025 Northwest District Dental Association (“NWDDA”) Annual Meeting on February 28th at the Hilton Sandestin Beach Golf Resort & Spa.

The NWDDA, a regional affiliate of the Florida Dental Association, plays a key role in supporting dental professionals through education, advocacy, and networking opportunities. Cody and Chad’s session provided attendees with a practical understanding of how FDA Peer Review, malpractice lawsuits, and Department of Health investigations intersect. The presentation walked through the litigation and investigation processes, highlighting common pitfalls and proactive risk mitigation strategies that dentists can apply in their daily practice.

A sincere thank you to the NWDDA for organizing an outstanding event that continues to serve as a valuable forum for professional growth and collaboration among Florida’s dental community.

Pennington is proud to be a supporter of the 2025 Chiles High School Dance Marathon team

Wed, 12 Mar 2025 13:05:18 GMT

Pennington PA is proud to be a supporter of the 2025 Chiles High School Dance Marathon team, which supports Children’s Miracle Network Hospitals. Children's Miracle Network Hospitals raises funds and awareness for 170 member hospitals that support the health of 10 million kids each year across the U.S. and Canada. Donations stay local to fund critical treatments and healthcare services, pediatric medical equipment, and charitable care. The Chiles Team raised over $80,000.00. Way to go, Chiles!

Mo' Money, Mo' Problems - When NIL Meets the Rulemaking Process

Tue, 18 Feb 2025 20:28:17 GMT

Pennington partner Chad Dunn and associate John Yunger recently presented “Mo’ Money, Mo’ Problems – When NIL Meets the Rulemaking Process,” with Judge Jason Jones’s team at the Stafford Inn of Courts. The team examined how agencies craft and implement new administrative rules from inception to workshop to public rule hearing. The presentation also covered how parties can contest agency rules, the rule challenge process, and litigation at the Division of Administrative Hearings. The team used name, image, and likeness (“NIL”) for Florida athletes as the vehicle to make the presentation entertaining.

Chad and John are honored to be members of the William H. Stafford American Inn of Court. The Inn is an organization dedicated to fostering excellence, civility, and ethical practice within the legal community. The Inn provides a forum for collegial dialogue, mentorship, and continuous learning for its members by its members.

Pennington’s Brian Chojnowski Scores Appellate Win

Wed, 29 Jan 2025 15:34:15 GMT

Shareholder Brian Chojnowski obtained a per curiam affirmance of a dismissal with prejudice from the First District in a professional malpractice case. Brian’s client, a well-respected local law firm, was sued on frivolous claims related to the settlement of a wrongful death lawsuit. Brian obtained dismissal with prejudice from the trial court on grounds of lack of standing and failure to state a cause of action, then successfully defended the dismissal on appeal.

Pennington’s Michael J. Thomas Presents Lecture to Nurse Residency Program at Tallahassee Memorial Hospital

Tue, 26 Nov 2024 15:56:58 GMT

Shareholder Michael J. Thomas recently presented a lecture to the Nurse Residency Program at Tallahassee Memorial Hospital (“TMH”) concerning the litigation process. The audience was a group of over 70 nursing residency program members. TMH’s Nurse Residency Program is the only accredited nurse residency program in the region. The participants, all new nurse graduates that were part of the year-long mandatory Nurse Residency Program at TMH, were active and engaged during the lecture, asking numerous questions.

Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar, and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike is a member of the American Board of Trial Advocates. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States.

Associate Logan Eagen Graduates from Tampa Connection's Class of 2023-2024

Wed, 20 Nov 2024 19:41:06 GMT

Associate Logan Eagen recently graduated from the Tampa Connection’s Class of 2023-2024. Tampa Connection is a volunteer-run nonprofit organization whose mission is to provide local business professionals with the necessary tools to become active leaders and volunteers in the Tampa Bay Community. Each year, a select group of applicants are chosen to participate in the Tampa Connection class. The year-long program exposes class members to leadership development, social, and community service opportunities while immersing them in the local community. Logan, along with other members of the Tampa Connection’s “Green Team,” were paired with Quest, Inc., a non-profit organization. Quest, Inc.’s mission is to help people with developmental disabilities experience a full life utilizing a range of services proven to increase capabilities and quality of life. As part of the Green Team’s pairing with Quest, Inc., Logan played an integral part in completing three projects for Quest, Inc. First, the Green Team created a Direct Support Professional guidebook for Quest, Inc.’s new hires that contained a glossary of terminology used, teaching tools, and a training “reference chart.” Second, the Green Team created three unique versions of adaptable recipe books for Quest, Inc.’s culinary classes based on their client’s baseline abilities. Third, the Green Team created an annual calendar of activities and volunteering opportunities for Quest, Inc.’s clients, which involved identifying local activities and opportunities, as well as, scheduling such events. Logan thoroughly enjoyed getting to work with other members of his Tampa Connection’s class and Quest, Inc.’s staff and clients.

Pennington PA recently sponsored the Holocaust Education Resource Council's 13th Annual Remembrance Dinner

Wed, 20 Nov 2024 17:10:34 GMT

Pennington, P.A. recently sponsored the Holocaust Education Resource Council’s 13 ^th annual Remembrance Dinner. The Holocaust Education Resource Council’s (HERC) mission is “to build hope and silence all hate, including antisemitism, by providing instructional guidance, support, and resources for educators who teach history of the Holocaust, and other educational programs for the community at large.” The dinner was held at the Dunlap Champions Club. HERC presented State of Florida CFO, Jimmy Patronis, the Steve Uhlfelder Humanitarian Award as well as honoring Steve and Judy Winn with the Special Community Leaders award. Pennington, P.A. is proud to support HERC and their mission, along with honoring Jimmy Patronis, and Steve and Judy Winn.

Leean Chojnowski and Brian Chojnowski recently obtained dismissal in favor of their client in a personal injury lawsuit

Fri, 15 Nov 2024 20:43:21 GMT

Leean Chojnowski and Brian Chojnowski recently obtained dismissal in favor of their client in a personal injury lawsuit. The plaintiff claimed that he was driving the speed limit immediately prior to the crash and that he was wearing his seatbelt, while vehicle data showed he was driving more than twice the speed limit and not wearing a seatbelt. After Brian confronted the plaintiff with these inconsistencies during his deposition, Leean drafted the motion to dismiss for fraud and Brian advocated in favor of dismissal at an evidentiary hearing. The court granted the motion in favor of Leean and Brian’s client and dismissed the case!

Pennington's Medical Malpractice Team Obtains Defense Verdict

Wed, 13 Nov 2024 19:51:10 GMT

Shareholders Michael J. Thomas and Cody W. Short recently successfully defended a dental medical malpractice case in Hillsborough County, Florida. The plaintiff alleged that his oral and maxillofacial surgeon (and the surgeon’s practice) breached the standard of care while performing complex jaw surgery to correct obstructive sleep apnea. Specifically, the plaintiff alleged that the defendant oral and maxillofacial surgeon negligently performed the surgery and transected a nerve, resulting in severe neurologic injuries, including loss of taste. The defense argued the oral and maxillofacial surgeon complied with the standard of care, and that such an injury was a known risk and recognized complication of the surgery.

The case was tried before Judge Alissa Ellison over a five-day period, and resulted in a complete defense verdict for the oral and maxillofacial surgeon and her practice on November 1, 2024. Final Judgment was entered by the Court in favor of the defendants on November 8, 2024.

Cody W. Short’s practice focuses on insurance defense and litigation, including medical/dental malpractice, product liability, premises liability, commercial litigation, and employment litigation. Cody is licensed to practice law in Florida and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, as well as the United States Court of Appeals for the Eleventh Circuit. In 2021, Cody was named a 2021 Super Lawyer Rising Star, which recognizes the top lawyers in Florida through a multiphase selection process involving peer nomination, independent research, and peer evaluation.

Pennington recognized in 2025 Edition of Best Lawyers

Wed, 13 Nov 2024 19:32:00 GMT

We’re thrilled to announce that our firm has been recognized in the 2025 edition of Best Lawyers with multiple prestigious rankings:

�� Metropolitan Tier 1 – Tallahassee

Commercial Litigation
Intellectual Property Litigation
Defense of Medical Malpractice
Defense of Personal Injury Litigation
Defense of Product Liability Litigation
Real Estate Law

�� Metropolitan Tier 2 – Tallahassee

Administrative & Regulatory Law
Employment Law – Management
Health Care Law

�� Metropolitan Tier 2 – Tampa

Defense of Personal Injury Litigation

A huge congratulations to our dedicated team for their continued hard work and excellence! We couldn’t be more proud. ��⚖️

#BestLawyers #LegalExcellence #Tier1 #Tier2 #Tallahassee #Tampa #LawFirm #LegalProfessionals #Congratulations #Teamwork #LawRecognition

Pennington PA Associates Compete in 2nd Annual Cornhole For Cancer Tournament

Mon, 04 Nov 2024 18:40:39 GMT

Associates Trey Schulte and John Yunger recently represented Pennington, P.A. in the 2 ^nd Annual Cornhole for Cancer Tournament. John and Trey’s “A Few Good Throws” fought hard to earn a spot in the Championship before coming up short to Sniffen and Spellman’s “Tigers.” The tournament was hosted by Meenan, P.A. to raise funds for the TMH Foundation. The TMH Foundation’s Mission is to develop and sustain philanthropic support for TMH and generate community understanding and involvement as a means to accomplish TMH’s mission, vision, goals and objectives. As a result of the Cornhole for Cancer Tournament $10,500 was raised for the TMH Foundation.

Pennington PA Associates participate in Annual Chili Cook-Off

Tue, 29 Oct 2024 20:24:32 GMT

The Pennington P.A. Associates recently participated in the Tallahassee Bar Association’s Annual Chili Cook-Off, celebrating the season with a tailgate theme. The team won the coveted “Five Alarm Chili” award, making it the second year in a row Pennington took home a prize. The Firm was an Award Sponsor of the event, with proceeds going to support the Legal Aid Foundation of Tallahassee.

Associate Rachel Givens presented at the 2024 Worker’s Compensation Academy

Mon, 28 Oct 2024 18:40:05 GMT

Associate Rachel Givens presented at the 2024 Worker’s Compensation Academy in Orlando, Florida. The Worker’s Compensation Academy is a full-day program that focuses on communication, collegiality and professionalism in the field of worker’s compensation. Rachel presented on a panel focusing on professionalism and ethics while handling worker’s compensation claims with Judge Neal Pitts, Judge Margret Kerr and Grethel San Miguel-Callejas. She also presented on a panel with Bryan Greenberg, Ana Gonzalez-Fajardo and Lisa Thomas, which focused on strategies of mediation. It was an outstanding program!

Associate Chris Hill Passes July 2024, Georgia Bar Exam

Mon, 14 Oct 2024 12:48:43 GMT

Associate Chris Hill took the July 2024 Georgia Bar Exam, and recently learned he passed with flying colors. Following his swearing in, he will be able to assist clients involving Georgia claims, in addition to the previous Florida and U.S. District Court claims he was already handling.

Pennington Lawyers at the 2024 DOAH Mock Trial Academy!

Mon, 30 Sep 2024 19:50:27 GMT

The Division of Administrative Hearings (DOAH) Mock Trial Academy is an annual program dedicated to advancing trial advocacy skills in administrative law. The DOAH Mock Trial Academy is a week-long event that provides hands-on trial experience to administrative law practitioners. Participants engage in realistic courtroom simulations, taking on the roles of attorneys and witnesses.

The Pennington team was represented in the 2024 DOAH Mock Trial Academy by: Chad Dunn, who served as a coach for the Admin Law Avengers; Rachel Givens, who participated as a member of the Big Cats Legal Royalty; and Marc Ito, who reprised his role as a key witness, Charles Jones. Pennington is honored to have contributed to this esteemed program, reinforcing our commitment to legal excellence and continuous professional development.

Pennington P.A. Obtains Full Defense Verdict in Negligent Security Case

Wed, 11 Sep 2024 16:50:50 GMT

Shareholder, Brian Chojnowski, and Associate, Annabelle Maddox, recently obtained a full defense verdict in a case involving negligent security and damage to property in Gadsden County, Florida. The plaintiff alleged the security system the defendant commercial vehicle repair company had in place was insufficient to prevent a break-in, which resulted in the theft of the plaintiff’s property. The jury ultimately found that the defendant was not negligent and thus not liable for the plaintiff’s damages.

Pennington lawyers attend 44th Annual Florida Society for Healthcare Risk Management & Patient Safety Conference

Mon, 19 Aug 2024 19:41:40 GMT

Pennington P.A. recently attended the 44 ^th Annual FSHRM&PS Conference in Tampa, Florida, and the firm was represented by partners Mike Thomas, Chase Boswell, Cody Short, associates Chris Hill, Logan Eagen, Geoffrey Place, and Nurse-Paralegal, Nena Hester. Pennington P.A. is proud to be a Platinum Sponsor for consecutive years of the Annual Meeting & Education Conference, which was attended by over 350 risk managers, nurses, and insurance representatives. Cody Short presented a legislative update on Amendment VII and the Federal PSQIA, which provided attendees with insight into the past, present and future state of the law. As a state-wide professional development association comprised of risk management and patient safety professionals, Pennington P.A. acknowledges the Association’s value and contribution in the healthcare industry, and the firm was pleased to participate in another annual conference.

Pennington lawyers recognized in 2025 edition of Best Lawyers: Ones to Watch® in America.

Mon, 19 Aug 2024 15:12:05 GMT

Pennington P.A. proudly recognizes 5 attorneys that are recognized in 2025 edition of The Best Lawyers: Ones to Watch® in America®.

#floridalawyers #tallahassee #tampa #pennington #penningtonpa #penningtonlaw #administrativelaw #realestatelaw #healthcarelaw #intellectualproperty #commerciallitigation #medicalmalpracticelaw #personalinjurylitigation #bestlawyers #onestowatch

Pennington lawyers recognized in 2025 edition of Best Lawyers® in America

Mon, 19 Aug 2024 15:07:59 GMT

Pennington P.A. proudly recognizes 10 attorneys that are recognized in The Best Lawyers in America® 2025 Edition.

Pennington P.A. Attends Capital Medical Society Alliance Spring Festival Fundraiser

Wed, 24 Jul 2024 16:56:08 GMT

Associates Chris Hill and Geoffrey Place recently had the pleasure of attending the Capital Medical Society Alliance Spring Festival Fundraiser: An Evening Benefiting the Refuge House, hosted at Proof Brewing Company. As a proud sponsor of the Capital Medical Society Alliance, Pennington, P.A., prioritizes engagement and charity in the Tallahassee Community. Chris and Geoffrey spoke on behalf of the Pennington law firm and visited with other sponsors of the Capital Medical Society Alliance. Pennington, P.A., continues to proudly support the Tallahassee community, and the many organizations which seek to improve the lives of its citizens. Included in the photo (from left to right) are Chris Hill and his spouse, Morgan Hill, Michelle Reyes, Louisa Sellinger, and Geoffrey Place and his spouse, Sarah Reid Place.

Christopher L. Hill’s practice focuses on insurance defense and litigation, including medical/dental malpractice, bodily injury and under/uninsured motorist claims, auto/trucking litigation, Personal Injury Protection claims, and commercial litigation, as well as commercial Landlord-Tenant law. Christopher is licensed to practice law in Florida and has been admitted to practice in the U.S. District Court for the Middle and Southern Districts of Florida.

Geoffrey Place’s practice focuses on insurance defense litigation, including medical/dental malpractice, product liability, premises liability, and commercial litigation. He also practices in the appellate courts of Florida, assisting with drafting briefs and presenting oral argument in various practice areas. Geoffrey is licensed to practice in the state of Florida.

Pennington Attends LeadingAge Southeast

Fri, 19 Jul 2024 14:07:02 GMT

Shareholder Cody Short, Partner Leean Chojnowski, and Associate Jennifer Bagby represented Pennington at the 61st LeadingAge Southeast Annual Convention & Exposition in Orlando, Florida July 15-17. Established in 1963 as a Florida not-for-profit corporation, LeadingAge Southeast provides education and advocacy resources for more than 250 senior living facilities in Florida, Louisiana, Mississippi, and Alabama. Pennington is proud to be a business member of LeadingAge. Our attorneys provide legal services for all stages of senior living development and operations including regulatory compliance, business formation, licensing, government affairs, acquisitions, and litigation representation. Pennington assists senior living providers with contract drafting, negotiation, revision, and non-payment enforcement.

Pennington's Chad Dunn elected to Executive Council of Administrative Law Section of the Florida Bar

Mon, 15 Jul 2024 15:43:43 GMT

We are excited to announce that Chad Dunn was elected to the Executive Council of the Administrative Law Section of the Florida Bar. This appointment reflects Chad's dedication and experience in the field of administrative law.

The Executive Council helps guide the direction of the Administrative Law Section, providing resources, support, and educational opportunities to section members. The council works to ensure that the section remains at the forefront of legal developments, offering insights, and fostering a community for administrative law practitioners.

Membership in the section offers numerous benefits, including access to specialized continuing legal education (CLE) programs, networking events, and the opportunity to contribute to the advancement of administrative law practice in Florida.

We congratulate Chad on this achievement and look forward to his continued contributions to the Administrative Law Section and the broader legal profession.

https://flaadminlaw.org/about-the-section/#execcouncil

Partner Chad Dunn speaks at 2024 Society of Robotic Surgery annual meeting

Thu, 11 Jul 2024 15:41:29 GMT

Pennington PA partner Chad Dunn recently spoke at the 2024 Society of Robotic Surgery annual meeting. Chad participated in a panel with several distinguished robotic surgeons, professors, and a representative of the FDA, discussing how telehealth laws and regulatory frameworks will impact telesurgery.

Telesurgery is an emerging, groundbreaking method that allows surgeons to perform procedures remotely over great distances with the aid of robotics and advanced telecommunications. One such procedure was done between Rome and Beijing! This innovation promises to increase access to specialized surgical care, especially in underserved and remote areas.

Based on ongoing successful trials across the world, it appears that telesurgery is on the horizon. However, the diversity of state laws in the U.S. raise significant hurdles to telesurgery. The medical community is also wrestling with significant legal and ethical questions, such as maintaining physician-patient relationships, liability, and data privacy.

Chad Dunn’s practice focuses on civil defense litigation, healthcare law, and all aspects of administrative law, including professional licensing issues, rule challenges, and public procurement.

Pennington’s Appellate Team Obtains Favorable Decision at the First DCA

Wed, 15 May 2024 17:52:56 GMT

Recently, Pennington Shareholder, Cody Short, and Associate, Geoffrey Place, appeared before the Florida First District Court of Appeal to present oral argument on a recent case involving alleged negligent security at a Tallahassee business.

In the case at issue, an employee of the business was kidnapped during her lunch break from the parking lot by a man who initially intended to kidnap his former partner, but kidnapped the employee when he could not locate his initial target. The man ultimately sexually assaulted the employee, and, tragically murdered her, leaving her in a car to be found by the authorities. The Employee’s estate brought suit against the business and the property manager alleging negligent security on the property. At the lower court, the Pennington Team successfully argued that the defendant had no notice of any safety concern at the property, and summary judgment was awarded in the defendants’ favor.

After an appeal was filed, Pennington’s Appellate team, again, successfully argued that the defendant had no notice of any safety concern regarding the man and, thus, had no duty to protect against this unforeseeable action of a third party. Following oral argument, the First District Court of Appeal issued a Per Curiam Affirmance of the lower court’s order granting summary judgment in favor of the defendants. The Pennington Team is proud to have obtained another favorable decision for one of its clients.

Pennington PA Associate attends Access Tallahassee Summit

Wed, 08 May 2024 12:37:58 GMT

On April 26, 2024 Pennington Associate, Rachel Givens, attended Chamber of Commerce’s Access Tallahassee Summit. It was a wonderful event, directed at Tallahassee young professionals, and we were pleased to have Rachel attend as Pennington’s Tallahassee Chamber of Commerce Liaison.

Pennington PA has special lunch with TMH Animal Therapy

Fri, 19 Apr 2024 15:30:25 GMT

Earlier this month, our firm enjoyed a special lunchtime visit from our friends at TMH Animal Therapy, where we were able to learn about the many ways they serve our community! We had the pleasure of meeting “Dogtor Ferdinand” and “Dogtor Oona”, as well as Stephanie Perkins and Heather VanLiere, who stay extremely busy in the Big Bend assisting over 80 different facilities with medical rehabilitation, senior services, courthouse therapy and reading education. TMH Animal Therapy has over 200 handler-animal teams and provides an immeasurable benefit for both physical and mental health in our community. We learned from Stephanie that animals are proven to help lower blood pressure, lower heart rate and lower stress hormones, while simultaneously increasing sociability, motivation and all the feel-good hormones!

We are looking forward to working with them in the future!

Pennington PA Supports Springwood Elementary School

Wed, 03 Apr 2024 19:41:18 GMT

As a part of our effort to give back to the Tallahassee community, our team at Pennington PA worked with Leon County School Board member, Laurie Cox, to provide much-needed supplies and materials to Springwood Elementary School. We look forward to collaborating with the incredible faculty and staff at Springwood in the future.

Senate Bill 248: The Potential Resurrection of Medical Malpractice Damage Caps

Mon, 12 Feb 2024 19:32:34 GMT

The 2024 Legislature is currently in Regular Session, which began January 9, 2024, and is scheduled to end on March 8, 2024. The first day of session, Senate Bill 248 was introduced by bill sponsor, Senate Judiciary Chairman Clay Yarborough, which includes medical malpractice damages caps. The Senate Judiciary Committee voted to support the bill (8-2), with supporters arguing that caps are needed to combat rising medical malpractice insurance rates and help persuade doctors to practice in Florida. Opponents argue that the caps would shortchange people who were injured or died because of the negligence of healthcare providers.

Under the proposed caps, a plaintiff in a medical malpractice matter could receive a maximum of $500,000.00 in “non-economic damages” from doctors or practitioners, regardless of the number of practitioners that are liable. The cap would be $750,000.00 in lawsuits against hospitals or other “nonpractitioners.” Further, lower caps would apply in lawsuits where emergency care was provided, or if the care and treatment involved a Medicaid patient. The caps in SB 248 would not be applied to “economic” damages.

This is not the first time that the Florida Legislature has attempted to place caps on non-economic damages. In 2003, the Legislature held special sessions before passing several caps on non-economic damages. These caps, however, were struck down by the Florida Supreme Court in 2014 and 2017 rulings, which found the caps to be unconstitutional.

According to Chairman Yarborough, the caps in SB 248 were designed with the Supreme Court’s concerns, including equal-protection concerns, that resulted in the 2003 version of caps being declared unconstitutional. It remains to be seen whether SB 248 will pass, but, even if it does, it is likely that the constitutionality of these newly proposed caps on “non-economic damages” will again face judicial review and scrutiny, much like the 2003 caps.

Pennington PA announces new executive officers for 2024!

rgrubbs@penningtonlaw.com (Roy Grubbs) — Fri, 09 Feb 2024 16:56:30 GMT

Congratulations to Pennington PA's newly appointed executive officers and directors for 2024!

Pennington PA attorneys recognized in the 2024 editions of Best Lawyers®

rgrubbs@penningtonlaw.com (Roy Grubbs) — Wed, 07 Feb 2024 18:25:32 GMT

The following attorneys are included in 2024 BEST LAWYERS® IN AMERICA

Ben A. Andrews

Product Liability Litigation – Defendants

Carl R. Pennington, Jr.

Commercial Litigation

E. Murray Moore, Jr.

Administrative/Regulatory Law

Health Care Law

Gerald Livingston

Administrative/Regulatory Law

Gerald Bryant

Employment Law

Management and Health Care Law

Howard E. Adams

Administrative/Regulatory Law

Real Estate Law

J. Breck Brannen

Real Estate Law

Administrative/Regulatory Law

J. Wiley Horton

Litigation - Intellectual Property

Commercial Litigation

Luis Viera

Personal Injury Litigation – Defendants

Michael J. Thomas

Medical Malpractice Law

Personal Injury Litigation Defendants

Product Liability Litigation – Defendants

Steven M. Puritz

Personal Injury Litigation – Defendants

The following attorneys are included in 2024 BEST LAWYERS: ONES TO WATCH® IN AMERICA

Chase Boswell

Insurance Law

Cody Short

Commercial Litigation and Litigation – Construction

Rachel Givens

Family Law

Health Care Law

Real Estate law

Administrative/Regulatory Law

Trusts and Estates

Stephanie Clark

Employee Benefits (ERISA) Law

Health Care Law

Professional Malpractice Law

Shareholder Michael J. Thomas Presents Lecture to University of Florida Dental Students

Thu, 18 Jan 2024 20:14:38 GMT

Shareholder Michael J. Thomas recently presented a lecture to second year dental students at the University of Florida College of Dentistry, at the request of Professor Jason Buschman, DDS, M.Ed., OMS. The lecture covered important topics educating the students and informing them about the intersection of law and medical/dental care.

During his lecture in early January 2024, Mike presented on the litigation process in Florida, including an overview of Florida’s mandatory pre-suit notice of intent requirements, the presuit discovery process, as well as, the formal litigation process after the pre-suit period ends. He educated the students on the various types of litigation (including civil, criminal, and administrative matters), depositions, and tips on how to avoid litigation. He also took questions from the students, and presented on the importance of documentation in patient dental records, and what constitutes appropriate informed consent.

Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar, and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. He is an adjunct professor at the FSU College of Law, and teaches a course on medical malpractice. Mike also serves on the second judicial circuit professionalism panel. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States.

Pennington PA named in 2024 edition of Best Law Firms

Mon, 13 Nov 2023 15:43:57 GMT

Pennington PA is named in the 2024 edition of Best Law Firms. The firm was highly ranked in a total of ten practice areas. Tier 1 included four practice areas including Commercial Litigation, Medical Malpractice Law – Defendants, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants. The remaining highly ranked areas are Administrative / Regulatory Law, Employment Law – Management, Health Care Law, Insurance Law, Personal Injury Litigation – Defendants, and Real Estate Law.

Pennington’s Medical Malpractice Team Obtains Defense Verdict

Wed, 01 Nov 2023 14:39:17 GMT

Shareholders Michael J. Thomas and Chase E. Boswell recently successfully defended a medical malpractice case in Leon County, Florida. The plaintiff alleged that her orthopedic surgeon (and the surgeon’s orthopedic practice) breached the standard of care in performing a left total hip replacement procedure. Specifically, the plaintiff alleged that the defendant orthopedic surgeon negligently placed a cerclage cable around the sciatic nerve while stabilizing a fracture in the femur. The plaintiff alleged these breaches resulted in her sustaining severe neurologic injuries, including permanent left foot drop. The defendants argued such an injury was a known risk and recognized complication of the surgery.

The case was tried against the orthopedic surgeon and the surgeon’s orthopedic practice over a five-day period, and resulted in a defense verdict for the orthopedic surgeon and the orthopedic practice on October 26, 2023. Final Judgment was entered by the Court in favor of the defendants on October 30, 2023.

Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar, and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike is a member of the American Board of Trial Advocates. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Court of Georgia, and the Supreme Court of the United States.

Brian Chojnowski Secures Summary Judgment Victory

Tue, 24 Oct 2023 17:58:55 GMT

Shareholder Brian Chojnowski recently obtained final summary judgment in a real estate litigation case on behalf of three clients. When Brian’s clients sold a residential property, they disclosed a prior termite infestation and related repairs. The buyer obtained his own termite inspection, which he failed to read, and received an allowance for repair of termite damage. After closing, the buyer located additional termite damage inside a bathroom wall. Brian’s clients were accused of failing to disclose termite damage in a specific wall, despite having disclosed termite damage in other areas of the home.

Brian demonstrated to the court that his clients provided more than ample information on the prior termite issues and that the buyer had a responsibility to further investigate the extent of the damage. Relying on Johnson v. Davis and its progeny, Brian argued that claims of this nature are not intended to be parsed as narrowly as the buyer claimed. The court applied the Fourth District Court of Appeal’s recent decision in Sage v. Pahlavi and held that Brian’s clients provided more than sufficient notice of the termite issues, thereby relieving them from any liability to the buyer.

43rd Annual Florida Society for Healthcare Risk Management & Patient Safety Conference

Sat, 16 Sep 2023 15:00:09 GMT

Represented by Partners Mike Thomas, Chase Boswell, Cody Short, Jaclyn Jones, Associates Chris Hill, Logan Eagan, and Nurse-Paralegal, Nena Hester, Pennington P.A. was proud to be a Platinum Sponsor of the recent FSHRMPS 43rd Annual Meeting & Education Conference. As a state-wide professional development association comprised of risk management and patient safety professionals, Pennington acknowledges the Association’s value and contribution in the healthcare industry and was pleased to participate in this year’s annual conference.

Pennington’s Michael J. Thomas Presents Lecture to TMH Nurse Residency Program

Fri, 15 Sep 2023 15:18:44 GMT

Shareholder Michael J. Thomas presents a lecture to the TMH Nurse Residency Program on a quarterly basis, educating and informing them about the intersection of law and medical care. Mike will be presenting to the TMH Nurse Residency Program later this month to discuss legal and ethical considerations, among other topics.

During his most recent presentation in April 2023, Mike presented on the litigation process in Florida, including an overview of Florida’s mandatory pre-suit notice of intent discovery process, as well as, the litigation process after the pre-suit process ends. He took questions from the residents, and presented on the RaDonda Vaught case, a nurse in Tennessee who was criminally prosecuted for a fatal drug error in December 2017, despite the fact that fatal errors are typically handled by licensing boards and civil courts.

Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar, has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike also serves on the second judicial circuit professionalism panel. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Court of Georgia, and the Supreme Court of the United States.

Pennington’s Medical Malpractice Team Obtains Summary Judgment on Client’s Behalf

Thu, 14 Sep 2023 16:03:02 GMT

Pennington’s Medical Malpractice Team Obtains Summary Judgment on Client’s Behalf

Authored by: Pennington P.A.

Shareholders Michael J. Thomas and Chase E. Boswell, and Associate Christopher L. Hill recently successfully defended an oncologist in a medical malpractice case in the United States District Court for the Middle District of Florida. The plaintiff alleged that his oncologist failed to properly treat him and did not provide appropriate care for his cancer back in June 2019. The plaintiff also alleged First and Eighth Amendment violations against the oncologist.

Earlier this month, the Court entered summary judgment in favor of the oncologist, and against the plaintiff, on all counts. The Court found that the care and treatment provided by the oncologist was appropriate, and that there was no evidence to support any First Amendment or Eighth Amendment claim by the plaintiff. Following entry of summary judgment in favor of the oncologist, the Court directed the Clerk to terminate any motions and close the file.

Christopher L. Hill’s practice focuses on insurance defense and litigation, including medical/dental malpractice, bodily injury and under/uninsured motorist claims, auto/trucking litigation, Personal Injury Protection claims, and commercial litigation, as well as commercial Landlord-Tenant law. Christopher is licensed to practice law in Florida and has been admitted to practice in the U.S. District Court for the Middle and Southern Districts of Florida.

Chris Hill Appointed Director, Florida State Law Alumni Assoc Board of Directors

Wed, 13 Sep 2023 16:18:57 GMT

Associate Chris Hill Appointed to Florida State Law Alumni Association Board of Directors at 2023 Florida Bar Annual Convention

Last month, The Florida Bar held its annual convention in south Florida at The Boca Raton Resort. Numerous groups and organizations throughout the state met to discuss issues and, in some cases, elect members of their respective boards.

During the Florida State Law Alumni Association Board of Directors meeting attorney Christopher Hill of Pennington P.A. was appointed as a board member to the Florida State Law Alumni Association Board of Directors, with a term through 2026. Chris previously served as a Presidential Appointment on the Board in 2018. As a board member, Chris will sit on one of the standing committees and assist the FSU College of Law with development, alumni outreach, career services, and student recruitment. Additionally, Chris will attend board meetings and various events and meet-ups throughout the year.

Chris Hill obtained his undergraduate degree and law degree from Florida State University. His practice focuses on insurance defense and litigation, including medical/dental malpractice, bodily injury and under/uninsured motorist claims, auto/trucking litigation, Personal Injury Protection claims, and commercial litigation, as well as commercial Landlord-Tenant law. Chris is licensed to practice law in Florida and has been admitted to practice in the U.S. District Court for the Middle and Southern Districts of Florida.

Pennington’s Medical Malpractice Team Receives Defense Verdict and Affirmation on Appeal

Tue, 12 Sep 2023 16:22:40 GMT

Shareholders Michael J. Thomas and Chase E. Boswell recently successfully defended a medical malpractice case in Leon County, Florida. The plaintiff alleged that her orthopedic surgeon and physician assistant breached the standard of care in the pre- and post-operative management of a total ankle arthroplasty, Achilles lengthening, and second and third hammertoe correction procedure. The plaintiff alleged these failures resulted in her right below-knee amputation.

The case was tried against the orthopedic surgeon and physician assistant over a five-day period, and resulted in a defense verdict for the physician assistant, and a hung jury for the orthopedic surgeon. The plaintiff appealed this decision up to the First District Court of Appeal for review, including the Court’s entry of an order awarding costs. On May 4, 2023, the First DCA issued a per curiam opinion affirming the trial court’s ruling, including the award of costs against the plaintiff and in favor of the physician assistant.

Pennington Lawyers Obtain Groundbreaking Opinion at 1st DCA

Mon, 11 Sep 2023 16:25:51 GMT

Tallahassee Memorial Healthcare, Inc. recently received a significant appellate ruling when the First DCA, in a 2-1 decision, shielded TMH from having to turn over an internally prepared report that was ordered to be disclosed by the trial court. The First DCA held that the 2005 Federal Patient Safety and Quality Improvement Act’s privilege for “patient safety work product” shields the TMH report from discovery or use in medical malpractice litigation. The First DCA found that the TMH report was patient safety work product and not an “adverse incident” report, which would otherwise have made the report discoverable. This decision sets the stage for a potential dispute in the Florida Supreme Court regarding patient access to medical records in medical malpractice cases. Pennington, P.A. represents Tallahassee Memorial Healthcare, Inc. in this medical malpractice lawsuit filed by Jade and Justin Wiles, who are suing on behalf of their son, Lennox Wiles.

Protected or public? Court asks SCOFLA to again weigh in on privacy of adverse incident reports Floridapolitics.com

Pennington’s Medical Malpractice Team Receives Defense Verdict

Sun, 10 Sep 2023 16:28:05 GMT

Recently, Shareholder Mike Thomas and Associate Cody Short, with the assistance of paralegal Ashley Berry, defended a dental malpractice action in Sarasota County, Florida. The plaintiff alleged that his dentist had breached the standard of care during a filling procedure by using an inappropriate dental anesthetic during the procedure, by failing to give adequate informed consent, and by failing to refer the patient in a timely manner to a nerve repair specialist. The Plaintiff alleged that he suffered severe nerve injury causing permanent loss of taste and tingling in his tongue. Mr. Thomas and Mr. Short successfully defended the case at a jury trial and received a defense verdict on behalf of their client.

Mike Thomas is Board Certified in Civil Trial Law by The Florida Bar, which distinguishes him as a specialist and an expert in his practice area. He has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike also serves on the second judicial circuit professionalism panel. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Court of Georgia, and the Supreme Court of the United States.

Cody Short’s practice focuses on insurance defense and litigation, including medical/dental malpractice, products liability, premises liability, auto/trucking litigation, commercial litigation, and employment litigation. Cody is licensed to practice law in Florida and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, as well as the United States Court of Appeals for the Eleventh Circuit.

Pennington, P.A. Volunteers At Local Dental Care Event

Sat, 09 Sep 2023 16:04:48 GMT

Members of our Pennington, P.A.’s medical malpractice team recently volunteered at the Florida Dental Association Mission of Mercy in Tallahassee, Florida. The event was a large-scale, two-day, professional dental clinic that provides care to any patient at no cost with the goal of providing dental care to the under-served and uninsured in Florida — those who would otherwise go without care. Dentists, Oral & Maxillofacial surgeons, dental professionals, and individuals from the Tallahassee community came together to assist in the project. Ultimately, more than 1,400 people received free dental work over the two-day event! Cody Short (Associate), Mackenzie Baughn (Paralegal), and Nena Hester (Nurse Paralegal), were among those who volunteered. Pennington, P.A. was thankful for the opportunity to assist its community at this event and will continue these volunteer efforts with other organizations throughout 2022.

Pennington’s Newest Shareholders

Fri, 08 Sep 2023 16:07:29 GMT

Pennington, P.A. is pleased to announce its newest Shareholders – Stuart Poage and Chase Boswell. Stuart has twenty-two years of civil litigation experience. He is board certified as a specialist in construction law by the Florida Bar and regularly mediates personal injury, construction, and first-party property disputes as a Florida Circuit Court mediator and panel arbitrator with the American Arbitration Association. Chase has been a part of Pennington’s team for many years and will continue to focus his practice on the defense of claims involving medical/dental malpractice, products liability, premises liability, automobile negligence, corporate and business matters, and employment litigation.

Pennington also announces its newly elected Board of Directors and Officers for 2022: Adrienne Love, President; Brandice Dickson, Chief Financial Officer; Gene Adams, Secretary; and Board members: Ben Andrews, Jerry Bryant, William Horgan, Wiley Horton, Susan Spurgeon and Mike Thomas.

Chase Boswell named Florida Legal Elite “Up & Comer”

Thu, 07 Sep 2023 16:11:20 GMT

Pennington, P.A., would like to congratulate Chase Boswell on his recognition in the 2021 edition of Florida Trend’s Florida Legal Elite “Up & Comer.” This honor was bestowed on only 111 attorneys, which acknowledges those attorneys under the age of 40 who have exhibited leadership in the law and in their community. Learn more about Chase’s practice here at Pennington by clicking HERE .

Attorney Spotlight - Ben Andrews

Wed, 06 Sep 2023 16:12:40 GMT

Ben Andrews is an active member of six Pennington, P.A. practice areas, including Medical Malpractice Defense and Trucking & Transportation Defense. Ben received his Bachelor of Science degree in Finance from the University of Florida in 1985. He graduated with honors from Florida State University College of Law in 1988. Following graduation, he remained in Tallahassee, where he clerked for a year-and-a-half under Judge Maurice M. Paul, United States District Judge for the Northern District of Florida.

Following the end of his clerkship, Ben remained in Tallahassee where he has built and maintained a prestigious 30+ year practice in professional malpractice defense, with an emphasis on insurance agent and broker E&O (errors and omissions) defense. During this time, Ben has defended thousands of professionals against such claims, including trying over 30 cases to verdict. In addition to representing clients in Florida, Ben has also been admitted to practice in the State of Georgia.

In addition to his litigation and trial work, Ben is also actively engaged in industry-specific organizations such as: the Professional Liability Defense Federation (past Insurance Agent E&O committee chair); Claims and Litigation Management (past Insurance Agent E&O committee co-chair); the Florida Defense Lawyers Association; and the Defense Research Institute. In addition, Ben has worked closely with the Florida Association of Insurance Agents (FAIA) and their education team to create and lead multiple continuing education seminars and webinars, all dealing with legal issues in defense of professional liability claims.

Ben has been awarded an AV Preeminent rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Perhaps the most distinguished aspect of Ben’s career is that since 2003, he has been recognized as a board-certified civil trial lawyer by the Florida Bar. According to the Florida Bar, board certification “evaluates attorneys’ special knowledge, skills, and proficiency in various areas of law and professionalism and ethics in practice. Certification is the highest level of evaluation by the Florida Bar for the competency and experience of attorneys in areas of law approved for certification by the Supreme Court of Florida.” As a result, Ben finds himself amongst a rare and distinguished group of board-certified lawyers civil trial lawyers, who encompass only 1% of the entire membership of the Florida Bar.

Outside of his accomplished law career, Ben is also an accomplished distance runner. To-date, he has completed seven (7) marathons, including the prestigious Chicago Marathon, and the only international marathon which spans from Buffalo, New York, to Niagara Falls, Canada. Ben and his wife Kristy also enjoy spending as much time as possible with their four children and extended families, entertaining, traveling, boating, or just gathering.

A Primer on Dealing With Contaminated Property in Florida

Mon, 04 Sep 2023 16:16:42 GMT

Pennington, P.A. Attorney Lauren Brooks will be leading a CLE program on Tuesday, April 27th from 12:00 noon to 1:00 pm. This program, entitled A Primer on Dealing with Contaminated Property in Florida, is designed to provide valuable information and insight into the current climate of environmental remediation in the State of Florida. Speakers will provide an overview of the regulatory process including how property enters regulatory oversight, the fundamentals of Global Risk Based Corrective Action (RBCA), and conventional and non-conventional paths of closure. The course will also highlight relevant case studies to provide tools on how to best serve clients and ways to avoid common mistakes and pitfalls.

Lauren’s practice focuses in the areas of environmental and land use regulation and litigation, business litigation, local government law, and appeals. She represents corporate and individual clients, and local governments across Florida. Lauren is licensed to practice law in Florida and has been admitted to practice in the U.S. District Court for the Northern and Middle Districts of Florida.

Visit one of these links to register

Live audio webcast: https://tinyurl.com/y9myz8s8

CD: https://tinyurl.com/9n86ktjy

E. Murray Moore, Jr. - 25 Years of Legal Excellence Leading Pennington’s Healthcare Law Team

Sat, 02 Sep 2023 16:19:33 GMT

Shareholder E. Murray Moore, Jr. recently marked his 25th anniversary with the firm and continues to focus his practice on Healthcare Law where he represents and advises physicians, nurses, clinics, ambulatory surgical centers and hospitals regarding various state and federal healthcare law and regulatory issues. As part of his practice, Murray serves as General Counsel of Tallahassee Memorial HealthCare, Inc. (TMH), a private, not-for-profit community healthcare system serving a 17-county region in North Florida and South Georgia.

The COVID-19 pandemic has presented numerous challenging issues for healthcare facilities and providers around the globe. Hospitals and healthcare providers everywhere are faced with logistical and resource considerations regarding patient care, ensuring the safety of providers, staff and patients while also ensuring compliance with evolving Federal and State rules and regulations. Murray plays a critical role in advising TMH and Pennington’s other healthcare clients through this trying time. Through Murray’s leadership, the Pennington Healthcare Law team has developed guidelines pertaining to allocation of scarce resources such as hospital beds and ventilators; working with clients on agreements for COVID-19 testing and lab services and advising clients regarding regulatory waivers and requirements implemented in response to the COVID-19 pandemic.

Murray is an AV Preeminent rated lawyer by Martindale-Hubbell, the highest distinction of the agency’s rating system for professional excellence, ethical standards, and legal ability. A Tallahassee native, Murray has served on the boards of several local nonprofit entities including the Legal Aid Foundation of the Tallahassee Bar Association, Trinity United Methodist Church and Goodwood Museum and Gardens. He currently serves as the Chair of the Board of Trustees of Maclay School and is a graduate of Leadership Tallahassee, Class XII. In his spare time, Murray enjoys fishing and playing tennis.

Healthcare providers and facilities need qualified guidance now more than ever due to the ever-evolving landscape of COVID-19. Murray and the rest Pennington’s Healthcare Law team are well-equipped to assist and have the relevant experience to support and add critical value to any facility’s healthcare regulatory team.