Judge Tosses Lawsuit Against Publix From Family Of Child & Senior Killed

Publix has won a lawsuit filed against the supermarket chain by the family of a one-year old and his grandmother.

23-month old Sam Varone was with 69-year old Lithia Varone in the produce section of a Royal Palm Beach Publix in June of 2021 when a masked man shot and killed them both before taking his own life.

The Varone family filed a wrongful death lawsuit, but a Palm Beach County judge has ruled that despite the tragedy, Publix does not have a duty to protect customers from an "unforeseen criminal attack by a third person."

The family's lawyer, Sean Domnick, tells CBS 12 News that he is appealing the ruling.

"As long as we're in a place where people who shouldn't have access to guns have access to guns, then businesses need to take reasonable steps to protect their customers and their workers. It's very simple."

He wants Publix to have armed security in every store.

A spokesperson for the chain says they don't comment on litigation.