Cody and Christina Mitzelfeld have filed a lawsuit against a major supermarket chain, alleging negligence after their two young daughters were injured in an incident at one of the company's stores. The complaint was filed on October 31, 2024, in the Circuit Court of the 15th Judicial Circuit in Palm Beach County, Florida, against Publix Super Markets, Inc.
The case revolves around an incident that occurred on May 24, 2023, when Ivy Grace Mitzelfeld and Sadie Rose Mitzelfeld were shopping with their mother at Publix store number 851 located at 7050 Seminole Pratt Whitney Road in Loxahatchee, Florida. According to the complaint, Sadie slipped on an oily substance spilled by a Publix employee while restocking the salad bar. This caused her to fall and flip the stroller holding her sister Ivy Grace, who then struck her head on the floor. The plaintiffs allege that Publix was negligent in maintaining safe premises for its customers.
The lawsuit accuses Publix of failing to maintain its premises in a reasonably safe condition and not adequately warning customers about dangerous conditions. It claims that these failures resulted in permanent injuries to both children. "IVY GRACE MITZELFELD has permanent and irreversible neurological injuries," states the complaint, while Sadie is being treated for knee injuries among other permanent injuries.
The plaintiffs are seeking damages exceeding $50,000 for each child from Publix Super Markets Inc., citing negligence as the cause of action. They argue that Publix had a duty to correct any dangerous conditions it knew or should have known about through reasonable care but failed to do so.
Representing Cody and Christina Mitzelfeld are attorneys Peter J. Somera Jr. and Paul M. Silva from Somera & Silva LLP based in Boca Raton, Florida. The case ID is: 502024CA010402XXXAMB Div: Al.