Associate Attorney
In Jones v. MG Bradenton Subtenant LLC, 50 Fla. L. Weekly D2569 (Fla. 2d DCA Dec. 3, 2025), the Second District Court of Appeal affirmed the denial of leave to amend a complaint to add punitive damages in an assisted living wrongful death case.
What happened:
The plaintiff’s mother, a resident with a known history of falls, was found deceased in her bed with her head lodged between the mattress and a bed rail. Plaintiff’s expert opined that a cervical spine fracture contributed to her death. The plaintiff sought to add punitive damages, alleging the facility knew of the fall risk, allowed use of unsafe bed rails, failed to use a safer bed already in the room, and failed to update the care plan. The trial court denied leave to amend, and the Second District affirmed, finding no evidence of intentional misconduct, gross negligence, or corporate knowledge of a dangerous condition that was consciously disregarded.
Why it matters (for trial lawyers):
Florida courts continue to enforce a strict gatekeeping role for punitive damages. Even serious negligence resulting in death does not equate to egregious conduct. When punitive damages are sought against a corporate defendant, plaintiffs must ultimately show intentional misconduct, gross negligence, or knowing corporate participation—not just tragic outcomes. The decision also reinforces the procedural distinction: leave to amend requires only a reasonable evidentiary showing, while trial requires clear and convincing evidence.
Takeaway:
- Tragic facts alone are not enough.
- Without proof of egregious conduct and corporate-level knowledge or participation, punitive damages will not survive in Florida.
Punitive damages litigation is fact-intensive and unforgiving. Understanding where Florida courts draw the line can make the difference early in the case.
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