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For victim's husband, closure tops revenge

By COLLEEN JENKINS, Times Staff Writer
Published January 27, 2007

TAMPA - Just before 4 p.m. Friday, a jury awarded Brenda Lee Brown's husband and son nearly $7.6-million for her death at a car wash.

Jurors said the business also should be punished for intentionally neglecting customer safety, paving the way for an even larger verdict.

McNeil "Mac" Brown turned to his attorney, Steve Yerrid. They had shared one goal with this lawsuit, and Brown knew it had been achieved.

"We have justice done here," Yerrid said.

"I agree," said Brown.

Minutes later, Yerrid rose to address jurors. His words shocked even the car wash owners. For Brown, $7.6-million was enough.

"He believes enough pain has been inflicted," Yerrid said of his client. "We withdraw our claim for punitive damages."

The show of humanity had practical prudence. Brown had endured 15 months of litigation and a weeklong trial, compounding the stress of sleepless nights and single parenthood since he lost his wife in May 2005.

Brenda Brown, 43, pushed her son's stroller to safety just before a Town 'N Country Car Wash employee without a driver's license hit the gas instead of the brake and barreled an SUV into her. The car wash's insurance policy has a $2-million limit, so the larger the jury award the more likely a protracted legal fight.

But Mac Brown, a medical device company vice president who turned 49 on Friday, said his lawsuit wasn't about retribution.

"This was never about the money," he said. "This was always about the memory of an incredible woman."

Brown's attorneys would not discuss how they will go about getting the almost $7.6-million from the car wash, which corporate owner Two Brothers of Spring Hill sold four months ago. The award includes $91,000 that lawyers on both sides agreed to for medical and funeral expenses.

The company's attorneys have 10 days to appeal the verdict.

Brown's decision to forgo punitive damages capped a week that began with another surprise. On the eve of the trial, the car wash accepted fault for Brenda Brown's death.

Attorneys turned their attention to how much money that negligence was worth.

Jurors heard from the former car wash manager, who said the car wash sometimes let its unlicensed employees move vehicles as allowed by law on private property. He said cars were supposed to be turned off in the washing tunnel, but the Isuzu Rodeo that hit Brenda Brown had been left running.

They saw a video deposition of 50-year-old Densil Blake, who said he was frightened when he accidentally knocked the gear shift out of neutral and sped toward Brown and her 18-month-old son, Darnell. He said he didn't know the difference between the accelerator and brake.

They watched a surveillance video of the incident, which authorities learned about only when the car wash manager brought it to their attention months later.

The soundless, black-and-white videotape brought a sanitized version of horror to the courtroom. During his closing argument Friday, car wash attorney Joseph Metzger reminded jurors not to base their verdict on anger.

"It's important that your decision be fair," he said.

Six jurors deliberated for about two hours. Mac Brown nodded toward the jury box as the verdict was read. He thanked each juror as they filed out of the courtroom.

He turned to reporters to explain the message he had wanted to send, the significance he will one day try to impart to his now 3-year-old old son.

"The specific objective was to get the punitive damages decision," he said. "Because then it's clear to any other car wash owner. They know that they are at risk if they don't do the right thing."

The courtroom crowd started to disperse. Then, another show of humanity.

Thomas and Diane Lyons, former operator and owner of the car wash, walked up to Brown and spoke to him for the first time. They said they were sorry for his loss. Diane Lyons hugged him and cried.

Thomas Lyons said thank you.

"That showed a lot of class," he said.

"It was never about hurting you," Mac Brown replied.

[Last modified January 27, 2007, 00:34:14]