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New trial sought in lawsuit over fatal fight outside McDonald's

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By TODD LESKANIC | The Tampa Tribune

Published: July 9, 2009

DADE CITY - As expected, the $1.5 million jury verdict awarded to the parents of a man strangled to death in a parking lot fight won't go unchallenged.

Attorneys for Brickman Management and B&B Cash Grocery Stores Inc., the businesses ruled negligent in the April 2005 death of Anthony Makowski, have filed motions seeking a new trial.

The motions are scheduled to be heard Friday afternoon in front of Circuit Judge Susan Gardner. One argues for a new trial based on two jurors failing to disclose that they had been involved in previous lawsuits.

The other motion sets out a variety of reasons why a new trial should be granted. Most of the arguments are based on the assumption that Gardner made incorrect rulings on certain issues during the trial.

Makowski, 21, and Martin Robles-Taylor, then 25, got into a scuffle outside the McDonald's restaurant at 2400 Land O' Lakes Blvd. The fight ended when Robles-Taylor put Makowski in a chokehold and kept him there for more than three minutes. Makowski died shortly after the fight.

Prosecutors declined to charge Robles-Taylor with a crime, ruling instead that he acted in self-defense.

Cathy and Wayne Makowski sued Brickman and B&B in 2006, arguing that their son's death would have been avoided had the companies employed a security guard. They also argued that McDonald's employees didn't call 911 fast enough.

Brickman owns the McDonald's and B&B owns the surrounding shopping plaza.

The case went to trial June 15.

Plaintiffs' attorneys Paul McKenna and Curt Obront argued that the parking lot outside the McDonald's had become a haven for crime and a late-night weekend hangout. They said Brickman and B&B failed to deal with the problems.

Bryant Blevins, an attorney for the defendants, argued that the types of incidents happening outside the McDonald's weren't severe enough to make a homicide foreseeable.

On June 24, the six-member jury split the negligence evenly between Anthony Makowski, B&B and Brickman but awarded Cathy and Wayne Makowski $750,000 apiece.

Because their son was found to be 33.3 percent responsible, the award was reduced to $500,000 each.

Reporter Todd Leskanic can be reached at (813) 731-8098.

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