The Fourth District Court of Appeal has declined to remove Broward Circuit Judge William W. Haury Jr. from a wrongful death lawsuit, finding the judge’s comments about defendant Publix Super Markets Inc.’s policy on cellphone use for delivery drivers did not demonstrate bias.

The lawsuit revolves around Alberto Olivares, who died when Publix truck driver Randolph Sapp ran a red light and crashed into him at a Weston intersection. Sapp admitted he was on the phone at the time — a distraction Olivares’s family claims caused the crash — and phone records showed he had been throughout the day.