Pennington Lawyers Obtain Groundbreaking Opinion at 1st DCA

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.

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 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!

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.

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.

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.