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

By REBECCA CATALANELLO
Published February 6, 2007

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.

[Last modified February 6, 2007, 06:17:24]