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

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.

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 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 , and Professional Liability 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!

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