In short: In Carpenters Home Estates v. Sanders (2d DCA 2019), a personal representative suing a nursing home for wrongful death got leave to add punitive damages. The Second DCA quashed that order: § 400.0237 requires admissible evidence that the company itself took part in, or managers ratified, the misconduct, and expert legal conclusions do not count.
The Facts
Sandra Sanders, as personal representative of the Estate of Mary Hurst Curry, sued the nursing home operators in Polk County for negligence and wrongful death under chapter 400.
She moved to amend to add punitive damages, supported by an expert affidavit and deposition and records describing repeated staff failures in Ms. Curry’s care.
The trial court granted the motion, reciting the staff failures.
The order did not tie those failures to knowing corporate participation or to any officer, director or manager ratifying the conduct.
The Decision
The Second District Court of Appeal granted certiorari and quashed the order (Case No. 2D18-2608; original opinion June 12, 2019, substituted on rehearing October 16, 2019).
A nursing home defendant has a substantive right not to face a punitive claim, or financial-worth discovery, until the court finds a reasonable evidentiary basis under § 400.0237(1).
The record had to show either direct liability (the defendant actively and knowingly took part in intentional misconduct or gross negligence) or vicarious liability (an officer, director or manager condoned, ratified or consented to it). Neither was shown.
The expert’s statements that the facility violated standards and residents’ rights were inadmissible legal conclusions.
The Law
Section 400.0237 sets the pleading and proof requirements for punitive damages in nursing home cases; § 429.298 is the assisted-living counterpart. Section 400.0237 has not changed since 2014.
Current law (2026): since April 1, 2022, orders granting or denying leave to add punitive damages are immediately appealable under Florida Rule of Appellate Procedure 9.130, so certiorari is no longer the route.
Lessons
- Families and estates suing a nursing home need evidence of corporate decisions, such as staffing policies, budgets and management knowledge, not just a list of bad care.
- Expert testimony must be factual, not legal conclusions.
- The personal representative is the proper plaintiff in a wrongful death case and owes duties to the survivors and the estate.
- Preserve records quickly after a death: care plans, staffing logs and incident reports.
Source: Opinion, Carpenters Home Estates, Inc. v. Sanders, No. 2D18-2608 (Fla. 2d DCA 2019)
Watch the Oral Argument
This is the recording of the oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Punitive Damages in Nursing Home Case | Carpenters Home Estates v. Estate of Curry | 2D18-2608
Go Deeper
- How to Avoid Guardianship in Florida: The Power of Attorney Is the Least Restrictive Alternative
- Testamentary Capacity in Florida: When Dementia Makes a Will, Deed, or POA Invalid
- Caregiver Changed the Beneficiary Before Death? Florida POD Accounts, POA Abuse, and What You Can Do
Frequently Asked Questions
Can you get punitive damages against a Florida nursing home?
Yes, but § 400.0237 requires a reasonable evidentiary showing first, including proof the company participated in or managers ratified the misconduct.
Who sues a nursing home after a resident dies in Florida?
The personal representative of the estate brings the wrongful death claim for the estate and survivors.
Can an expert’s opinion support punitive damages?
Only factual, admissible opinion. Carpenters held legal conclusions about violating standards were not enough.
Can a punitive damages ruling be appealed right away?
Since 2022, yes, as a non-final order under Rule 9.130.
Talk to a Florida probate litigation lawyer
Weidner Law, P.A. handles Florida probate, trust, guardianship and elder-exploitation disputes from St. Petersburg. If you need a probate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
