Family files wrongful death suit for toddler and grandmother shot and killed at a Publix
ROYAL PALM BEACH, Fla. (CBS12) — The family of a grandmother and toddler killed at a Publix filed a wrongful death lawsuit on Wednesday.
The incident happened back on June 10, 2021, 23-month-old Sam Varone and his grandmother, Litha Varone, 69, were at a Publix in Royal Palm Beach when a gunman opened fire, killing the two. The shooter, Timothy Wall, 55, then turned the gun onto himself, according to the Palm Beach County Sheriff's Office.
The 20-page lawsuit is listed below:
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The family members of the two victims have filed a wrongful death lawsuit against Publix, releasing a statement.
There is no path that will ever take away the crushing grief that has engulfed our family. Our son was days away from his second birthday. Our mother was the center of our world and was instrumental in the lives of her children and grandchildren," said the Varone family. "Nothing can ever take away the profound sense of emptiness in our hearts but there is a path that may prevent another family from experiencing this type of anguish. Publix ignored every red flag that placed the safety of their customers in jeopardy. They ignored the need to invest in security and that choice cost us everything.”
The lawsuit was filed by Domnick Cunningham & Whalen and The Law Offices of James G. Graver. The family's attorney Sean Dominick wrote in an email:
This Publix had over 40 criminal incidents in and around the store over a 3-year period. In an age of active shooters, this store chose not to have security despite the multiple gun deaths in their stores in recent years. They failed in their obligation to factor in the safety of the community that serves them, and they must be held accountable.”
The lawsuit will seek a jury trial for damages.
