DELRAY BEACH, FL (Boca Post) (Copyright © 2026) — A civil lawsuit has been filed in Palm Beach County Circuit Court alleging a child was injured inside a Delray Beach business after a countertop shifted. The case, Timothy Marks, as parent of T.M., v. Cream Dessertery Inc. and Main Street America Insurance, Inc., was filed January 13, 2026, in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, under Case No. 502026CA000405XXXAMB.
The complaint was filed by Ian Bressler Law P.A. on behalf of Timothy Marks, as parent of T.M. The filing names Cream Dessertery Inc. and Main Street America Insurance, Inc. as defendants. No defense law firm is listed in the complaint.
In the lawsuit, the plaintiff alleges the incident occurred on or about August 18, 2025, at a property the complaint identifies as 1163 E. Atlantic Ave., Delray Beach, which the filing claims was owned, possessed, and or controlled by Cream Dessertery. The complaint states it is an action for damages in excess of $50,000 and alleges the relevant acts occurred in Palm Beach County.
The first count is labeled negligence against Cream Dessertery. According to the complaint, the plaintiff was on the defendant’s premises when “the countertop shifted,” and the plaintiff was injured. The filing alleges the plaintiff was a guest and or invitee and was acting in a reasonable and prudent manner for safety at the time.
The complaint alleges the defendant owed a duty to maintain the premises in a reasonably safe condition, inspect for dangerous conditions, and warn of dangerous conditions. It claims the defendant knew or should have known there was a “loose countertop” and failed to remedy the condition or warn about it. The complaint further alleges the plaintiff reached onto the counter and, when it shifted, the plaintiff suffered injuries.
The filing alleges the defendant negligently maintained, inspected, and or controlled the premises so they were unsafe, dangerous, and hazardous. It also alleges the defendant failed to remedy the condition and or keep the premises reasonably safe, and claims the defendant represented the area was safe and suitable when it allegedly was not because of the loose countertop.
In a section describing damages, the complaint alleges the plaintiff has suffered and will continue to suffer harms including pain and suffering and medical-related expenses, among other claimed losses. The complaint seeks damages against Cream Dessertery in an amount in excess of $50,000, exclusive of interest and costs, and any other relief the court deems reasonable.
The second count seeks medical payments coverage, often called MedPay, from Main Street America Insurance, Inc. The complaint alleges Main wrote a general liability policy for Cream Dessertery and that the plaintiff incurred medical bills that were timely submitted for payment under a MedPay provision the complaint says provides $10,000 in MedPay benefits. The complaint alleges the plaintiff is entitled to recover medical costs directly from the insurer. The filing also seeks attorney’s fees and costs under cited Florida statutory provisions.
The complaint includes a demand for a jury trial. As with all civil complaints, the allegations are claims by the plaintiff and have not been proven in court.
The original complaint, Timothy Marks as parent of T.M. v. Cream Dessertery Inc, and Main Street America Insurance, Inc., Case No. 502026CA000405XXXAMB, as filed 01/13/2026, with the Clerk of Court, can be viewed here.
What “premises liability” usually means in court filings is explained here.
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