Case: Dana D. Jones v. MG Bradenton Subtenant, LLC et al.

Decided: December 03, 2025

The Second District Court of Appeal’s recent decision in Dana D. Jones v. MG Bradenton Subtenant, LLC represents a positive reaffirmation of the evidentiary requirements needed for pleading punitive damages in claims against Florida assisted living facilities.

In this case, Mr. Jones brought claims of negligence and wrongful death against the assisted living facility and its owners, operators, managers, and the management company after his mother was found unresponsive in her room by staff with her head lodged between her mattress and bedrail. Mr. Jones sought leave to add a claim for punitive damages, alleging multiple reasons in support. Specifically, Mr. Jones alleged that punitive damages were warranted due to understaffing at the facility, that the resident was a known fall risk who was kept in a broken bed with unsafe bed rails even though a safer bed had been placed in the room by hospice, that the facility had notice that it lacked the ability to properly care for the resident, and that the facility never updated the resident’s care plan to address her risk for falls from bed or to implement any new interventions.

Ultimately, the Court reiterated the pleading requirements for claimants seeking to add a claim for punitive damages to require an evidentiary showing that provides a reasonable basis for the recovery of punitive damages in assisted living cases. This decision maintains a clear benchmark for pleading punitive damages, drawing a clear line between situations amounting to ordinary negligence and the heightened liability warranting punitive damages. The Court reiterated that punitive damages are a form of extraordinary relief that serves to not only compensate the claimant, but also acts as a punishment imposed to prevent similar conduct in the future.

Equally important, the Court confirmed the requirements for when corporations can be held liable for punitive damages. This is an important reaffirmation of precedent for management companies and other corporations in the senior living realm, requiring that the plaintiff establish either vicarious or direct liability in order for a corporation to be held liable for punitive damages.

In Florida, in order to hold a corporate employer vicariously liable for punitive damages, plaintiff is required to establish fault by the employee that rises to the level of willful and wanton misconduct and some fault on the part of the corporate employer that rises to the level of at least ordinary negligence. Direct liability, on the other hand, requires evidence of willful and wanton misconduct by a managing agent or officer of the corporation. Of important, a “managing agent” is more than just a manager or mid-level employee.

Applying these principles, the Court found that evidence Mr. Jones presented fell far short of the strict burden imposed by the Florida Legislature in allowing punitive damages and did not establish the intentional misconduct or gross negligence required to support the imposition of direct or vicarious liability on the corporate entities. The Court noted that even if the assisted living facility was understaffed or was negligent in their care of the resident, the evidence and record did not establish that the management company or corporate entities had knowledge of and consciously disregarded dangerous conditions that would warrant the potential imposition of punitive damages.

For adjusters and senior living professionals, this ruling continues the well-established precedent in Florida that mistakes or too few staff are not enough to warrant punitive damages; plaintiffs must show that managing agents and corporations have knowingly or consciously disregard the problem. Overall, this decision maintains the high level required for plaintiffs to plead punitive damages in Florida assisted living cases and provides continued protection for management companies and senior living corporations from heightened liability.

Written by:

• Robin Khanal, Orlando Managing Partner
• Heather Falcon, Orlando Associate
• Elizabeth Chesek, Orlando Associate

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