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

“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!”

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

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 , 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.

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.

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. 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.

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. 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. 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 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.

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.