Readers praise judge's decision to grant new trial in McDonald's beating case
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July 10, 2009

Readers praise judge's decision to grant new trial in McDonald's beating case

A judge today granted a new trial in a wrongful death case brought by the parents of a man who died in a McDonald's parking lot brawl.

And within minutes of tampabay.com reporting the news on This Just In, readers were praising the judge's decision. 

"There is justice in this world after all, at least in this case," wrote Rick from Tampa.

Eric from Largo wrote: "Thank you. Hopefully they get it right this time."

A jury awarded Wayne and Cathy Makowski $1-million in the trial last month, finding that the franchise owner of the Land O'Lakes McDonald's and the shopping center where it sits on U.S. 41 were negligent in allowing an unsafe environment at the 24-hour drive-through. Anthony Makowski, 21, died April 24, 2005, after getting into an argument with another patron in the drive-through. The argument turned into a physical brawl and Makowski was suffocated in a choke hold.

At the time of the jury's decision, tampabay.com readers expressed outrage, posting more than 170 comments about the case.

"WOW! So what this jury said is we can all sue McDonald's for the bad choices our kids make, while at the premises," wrote Lisa from Pasco. "Ronald is everyone's dad now!"

"This is just flat out ridiculous. Since when do private corporations have to provide security when you go out for a hamburger?" asked Wade from Tampa.

Share your feedback: Did Circuit Judge Susan Gardner make the right call?

Comments

Jess Hooton

Only one comment.
WHAT A STUPID JUDGE!

Dave

Sound decision by the judge. I still cannot understand why they awarded the family of the thug who started the fight the money in the first place.

Joe B.

These parents should be paying for not teaching their moron son to act like an adult instead of getting polluted and starting a fight. Sounds like he was an idiot.

Lila

Should never have gone to trial. Is everyone aware that these parents were desperate to ascribe some dignity to their son's life and they should be pitied, but certainly not paid. McD's was not at fault in any way. What was that guy doing in the parking lot? How bizarre but it is over. Over and out.

Smplyred

It is about time. This case was ridiculous from the start. Makowski was being a bully and he started the fight. The person he chose to attack had military training and defended himself putting Makowski in a choke hold. Cops asked him if he wanted to press charges against Makowski since it was known he started to fight but the man declined.

Out come mommy and daddy wanting to sue McDonalds and surrounding businesses because their son was a bully and apparently didn't know how to conduct himself like an adult. If it was about what was "right" why didn't they go after the guy that choked the idiot?This case should never have even been heard and I can't believe the jury granted them a dime!

Way to go Judge Gardner!

I am sorry for the family's loss but they don't deserve to be paid money because their son was a bullying moron.

Jen

Did McDonald's start the fist fight? No.

Did McDonald's participate in the fist fight? No.

Did Mr. Makowski participate in the fist fight? YES.

confused in america

Where are these cases supposed to be tried anyway? The courtroom or the newspaper?

Jac

They are in the business for making fast food. What was he sitting around the parking lot anyway at his age. His parents didn't teach him that he is an adult now needs to act like one. Why do I have to pay higher price for buying food for this kind of garbage. Shame on the jury. That is all of OUR AND YOUR MONEY THAT YOU GAVE AWAY. Thank you JUDGE FOR YOUR GREAT JUDGEMENT ON THIS ONE. The next Jury maybe smarter on this one.

Joe (Port Richey)

Good decision by the judge, comes at a good time when judgements by judges have been qustionable. Teen Rapists and Teen kidnappers have been getting releade on probation when they should be in prison. This thug picked the fight, he lost.. Why should mommy get rich from it?? They shouldnt.. If anything they should be sued for raising this thug

Ben

Absolutely the right decision. This case probably shouldn't have gone to the jury in the first place.

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