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Jury issue delays start of civil trial in Land O' Lakes slaying

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By TODD LESKANIC | The Tampa Tribune

Published: June 16, 2009

DADE CITY - By TODD LESKANIC
tleskanic@tampatrib.com
A jury snag has delayed the start of a civil trial involving the 2005 killing of a Land O' Lakes man.

The parents of Anthony Makowski sued a McDonald's franchisee and the property owner after their son was choked to death during a fight outside the McDonald's at 2420 Land O' Lakes Blvd. The man who choked Makowski, Martin Robles-Taylor, was not charged criminally. Prosecutors ruled the killing excusable homicide.

In 2006, the Makowskis filed a wrongful death lawsuit against Brickman Management Co. and B&B Cash Grocery Stores Inc., saying that their son's death might have been avoided had the companies employed security guards. Attorneys for the Makowskis contend the owners knew that fights and other crimes often occurred around the McDonald's but did nothing about it.

Attorneys for the parties spent hours questioning jurors Monday and thought they had a panel to hear the case by the time court adjourned. But late Monday night, attorneys for the Makowskis discovered that three of the jurors didn't accurately report their criminal pasts when asked about them on a jury questionnaire.

Circuit Judge Susan Gardner will decide whether to strike the entire panel and start jury selection over from the beginning or to strike the three jurors in question but keep the others. Either way, court will reconvene at 1 p.m.

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

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