Pennington's Steven Puritz and Derek Womack obtain directed verdict at trial for the defense of an automobile negligence lawsuit
Gregory Raymaker • December 18, 2025
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.
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.
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.
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!
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.
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 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
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 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.
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
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.