Hillsborough: Man sues McDonald's for negligence in a 2005 shooting near King High

TAMPA - Less than a week after a 20-year-old pleaded guilty to murder in the 2005 shooting at McDonald's near King High School, one of the gunshot victims is suing the fast food restaurant for negligence.

Alexander McKinnie was 19 when a bullet punctured his foot Nov. 17, 2005, as he walked from his car to the McDonald's, 6906 N 56th St.

In a lawsuit filed Monday by attorney Mark Wright, McKinnie claims the restaurant did not take appropriate action to protect its customers from such "reasonably foreseeable criminal acts by third parties."

McKinnie was one of four people shot that day in an afterschool parking lot skirmish that left Dalshon Walton, 17, a popular King High senior, dead.

Last week, Otis Lorenzo Neal, 20, pleaded guilty to second-degree murder and was sentenced to 18 years in prison. The two other victims were former King High student Antonio Harris, then 16, and Damian Lamar Bowie, 15, a King High freshman.

While Neal did the shooting, McKinnie's attorney said the incident could have been prevented had McDonald's taken action to curb violence that it knew existed "because of regular fighting amongst teenagers, gang activity, thefts, robberies, assaults and other crimes" that took place at the restaurant and in the vicinity.

JTS Enterprises of Tampa, owner of that McDonald's, took actions that were, McKinnie's attorney said, "intentional, malicious, deliberately oppressive and committed with such gross negligence as to indicate a willful and wanton disregard for the rights of others," according to the lawsuit.

Neither an attorney for JTS Enterprises nor a principal with the company could be reached to talk about the suit late Monday.

McKinnie, who still has a bullet lodged in his foot, according to the lawsuit, is seeking compensatory damages and court costs.

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by I take resp. for my actions	08/13/07 04:25 PM
This is one of the major problems facing our country. We never take responsibility for our actions. If one is the victim of a crime, one can only blame the perpetrator(s)/parents of the juvenele perpetrators.Unnecessary litigation costs everyone $$$

by Emma	02/09/07 02:37 AM
This is so pathetic. No wonder americans are hated so much. We've become a country full of greedy,superficial morons that only care about money and themselves. I guess we've forgotten that money can't buy hapiness.

by Lee	02/08/07 04:18 PM
Too bad the slug didn't lodge in Alexander J. Mckinnie's head instead. What a waste of time.

by Greg	02/07/07 04:41 PM
What would happen if the kid was shot in the other foot while at his lawers office? Would the lawyer sue himself for failure to protect his client?

by Mike	02/07/07 09:49 AM
I'm sure that it was the idea of the 19 year-old kid to pursue a suit against MacDonald's...as much as we need protection from armed criminals, I think we need some defense against legal parasites. Shame on the judge that considers this motion.

by Darth Tater	02/06/07 10:05 PM
pathetic sueing someone else for some morons ignorance why doesnt he start suing the city cause it happened in the city limits maybe the state or our country might as well only difference is the magnitude all this guy is doing is increasing our taxs!

by Damien	02/06/07 08:29 PM
It isn't McDonald's job to keep the neighborhood safe. Some people will never stop looking for a quick dollar by exploiting the system.

by Shanda	02/06/07 08:12 PM
WTF! We have soldiers getting needlessly killed on foriegn soil and some kid and his lawyer feel the need to waste our courts time and integrity with this! Finding McDonalds at fault; looks like Manson and Emminem are off the hook now this time.

by Joe Blow	02/06/07 06:43 PM
Give McKinnie a free Big MAC . He just looking for a FAST buck

by John	02/06/07 04:57 PM
They're suing cause McDs should have known "of regular fighting amongst teenagers, gang activity, thefts, robberies, assaults and other crimes" on their proerty. Now, I wonder how much of that the plaintiff was involved in or responsible for? Hmm . .

by Jared	02/06/07 04:53 PM
Anyone who doesnt realize this is a smart man, is dumb. He may be lazy...but he's smart, he'll probably win, and may never have to work again. I'd screw McDonalds over any day if it meant I'd be set for life.

by akg	02/06/07 04:50 PM
Why don't they sue the tennis shoe company too? The tennis shoe failed to protect his foot! LOL

by Joe	02/06/07 04:49 PM
Only in Florida!

by Pat	02/06/07 04:30 PM
The really sick part of this is that if McDonalds had done anything they would sue them for racial profiling because they assumed a bunch of young blacks were going to get violent.

by Kathy	02/06/07 04:29 PM
So if he knew there were problems, why was he there? Sounds like he might have wanted to be involved in the violence!

by Marshall	02/06/07 04:02 PM
The Attorney that filed the case should be jailed for ignorance. You have got to be kidding...I can not believe any judge or court would allow something like this to happen. What's next? Metal detectors at the McD's drive through?

by David	02/06/07 03:46 PM
It appears that people are ASSUMING that McD's did nothing wrong. At this point, we don't know. I am sure if you were shot when you were trying to get some food, and there was something McD's should have done...You'd sue too. We need more facts.

by KC	02/06/07 03:40 PM
This is absurd. I thought I had heard it all until this. His attorney should be put in jail for wasting the taxpayers time and money. The sad things is they will probably settle due to bad publicity. Ridiculous!!

by Jen	02/06/07 03:36 PM
I think that attorneys that file lawsuits like this should have their names published publicly so we can all see who the idiot attorney is.

by Jane	02/06/07 03:00 PM
Oh, yeah, everyine should have to pass through a metal detector and be strip searched to buy a burger.

by Ronnie	02/06/07 02:40 PM
All Lawyers are blood suckers and are looking for their payday

by George	02/06/07 02:33 PM
Maybe the attorney needed a payday after defending all of those bad guys possibly including the plantiff. Problem is, the McD's insurance carrier will probably pay because it's cheaper that defending a case. Should make the loser pay in all cases.

by Alex	02/06/07 02:31 PM
Why not sue the parents of the moron who shot him? They raised the kid, they certainly have more responsiblity for the shooting than McDonalds.

by Alexander M.	02/06/07 02:26 PM
I's a-gonna gets paid, yo! Fo rizzle!

by Mark	02/06/07 01:44 PM
Mcdonalds Guilty? Thats just ignorant. Sounds like a degenerate thug trying to score a few easy bucks. Somebody shoot him again and do the world a favor.

by Mike	02/06/07 01:43 PM
This lawsuit should be thrown out lacking merit. If it does go through and McDonalds loses this suit, they should pull out of every inner city, crime prone area. But then they would be considered racist. Can you say, "Can't win situation?"

by Frank	02/06/07 01:32 PM
Let's not forget the attorney who is litigating this suit for the alleged scumbag. He hopes to settle for high 5 figures and collect 35%

by Bryan	02/06/07 12:58 PM
Why sue McDonald's? Not because McDonald's is responsible; it's because McDonald's has money.

by Lee	02/06/07 12:46 PM
Give me a break. The shooter should be sued, but he probably has no money and the guy shot in the foot sounds like he wants a payday because he is too lazy to work. Get a life.

by Russ	02/06/07 12:30 PM
So now McDonald's has to act as a police force too? This is just asinine. He should be suing the jackass that shot him, not the owner of the parking lot where it happened.

by Mega	02/06/07 12:30 PM
Why didn't he sue the city for allowing the McDonald's to open there? And, the person who sold the land it was built on? The state for allowing that city to be there? AND, the US of A for allowing that state there! Incredible.

by Jack	02/06/07 12:21 PM
Alexander J Mckinnie is a convicted felon currently serving a three year sentence in state prison for robbery and grand theft. His arrest record on the Hillsborough County Sheriff's Office website is extensive. It will be a shame if McDs pays.