Dana Jones’s mother, Doscina Pendleton, was an elderly, terminally ill woman under hospice care, residing in the memory care unit of Truewood By Merrill (“Truewood”), an assisted living facility, from December 31, 2018 until she passed away on December 25, 2020. On the night of her death, Ms. Pendleton was found to be unresponsive by Taylor Vespucci, a medical technician working at Truewood.
Mr. Jones argued that punitive damages were warranted because the alleged understaffing at the facility resulted in Ms. Pendleton’s injuries and death. He asserted that Ms. Pendleton, who had a history of multiple falls, was kept in a broken bed with unsafe bedrails, even though a safer bed with no rails had been ordered and placed in her room by hospice. He contended that this contributed to Ms. Pendleton’s injuries and death. He also argued that the facility had notice that it lacked the ability to properly care for Ms. Pendleton and that nonetheless one of the managers instructed concerned staff members that the facility could provide the care that Ms. Pendleton needed. Finally, Mr. Jones asserted that the facility never updated Ms. Pendleton’s care plan to address her risk for falls from bed or to implement any new interventions.
In its order denying the motion for leave to amend to add a claim for punitive damages, the trial court determined that the key issue was “staffing, and whether the [MG Entities] had sufficient staff on duty the night that Ms. Pendleton passed” to be attentive to her care. The court discussed the extensive evidence that was before it and made the following findings: “there WAS the [requisite] level of staff on duty the night of Ms. Pendleton’s death and the staff checked on her a reasonable amount of times immediately prior to her death”; there was no reliable or credible evidence that the facility was understaffed generally or on the night in question; there was “no evidence that [the MG Entities] had the requisite actual knowledge of any dangerous conditions which were consciously disregarded such that punitive damages are warranted”; and “less than 2 hours had passed between the time that a staff member last checked on her and when she was found deceased. It cannot be reasonably argued that less than two hours is not a reasonable amount of time between checks, even given Ms. Pendleton’s very poor prognosis.” The plaintiff appealed.
Punitive Damages
The District Court of Appeal of Florida Second District stated in its December 3, 2025 opinion: “To recover punitive damages at trial, a plaintiff must prove by clear and convincing evidence “that the defendant was personally guilty of
intentional misconduct or gross negligence.” § 429.297(2). ” ‘Intentional misconduct’ means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage.” § 429.297(2)(a). ” ‘Gross negligence’ means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.” § 429.297(2)(b).”
“At the pleading stage, a plaintiff is not required to prove their entitlement to punitive damages by clear and convincing evidence. Deaterly v. Jacobson, 313 So. 3d 798, 801 (Fla. 2d DCA 2021). Instead, there must only be an evidentiary showing that provides a reasonable basis for the recovery of punitive damages. § 429.297(1).”
“The difficulty with Mr. Jones’s argument is that the evidence simply does not establish intentional misconduct or gross negligence that would support the imposition of direct or vicarious liability on the MG Entities … even if Truewood was understaffed, there was no evidence that this contributed to Ms. Pendleton’s injury and death on December 25 … Although the circumstances surrounding Ms. Pendleton’s death are tragic, we agree with the trial court’s conclusion that the evidence does not reach the level necessary to allow a claim for punitive damages against the MG Entities. Accordingly, we affirm the order denying Mr. Jones’s motion for leave to amend the complaint to assert a claim for punitive damages.”
Source Jones v. MG Bradenton Subtenant, LLC, No. 2D2024-1971.
If you or a loved one suffered harm while a resident of an assisted living facility in Florida or in another U.S. state due to understaffing, neglect, negligence, or the failure to provide appropriate care for a vulnerable adult, you should promptly find an assisted living claim lawyer in Florida or in your state who may investigate your assisted living facility claim for you and file an assisted living claim on your behalf or behalf of your loved one, if appropriate.
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