California man sues McDonald’s after wife fatally injured in drive-thru attack

CALIFORNIA — A California man filed a lawsuit Jan. 8 against McDonald’s and multiple franchise entities, alleging safety failures led to his wife’s death at a Boyle Heights drive-thru.

According to the complaint filed in Los Angeles Superior Court, Jose Juan Rangel is suing McDonald’s Corp. and multiple franchise entities for the wrongful death of his wife, Maria Vargas Luna, along with negligence and premises liability claims.

The lawsuit stems from a March 9, 2024, incident at a McDonald’s located at 245 North Soto Street.

Court filings allege that while Rangel and his wife waited in the drive-thru lane, a man identified as Charles Cornelius Green Jr. loitered near the restaurant for at least 10 minutes, approaching vehicles and soliciting money.

The complaint claims employees observed Green’s behavior through live security camera feeds and the drive-thru window but took no action to intervene, warn customers, or contact law enforcement.

Green attacked Rangel through the driver’s side window

According to the suit, Green allegedly attacked Rangel through the driver’s side window, striking him repeatedly.

When Vargas Luna exited the vehicle to help her husband, Green allegedly pushed her to the ground, causing her head to strike the pavement.

The impact allegedly resulted in severe head trauma, a cardiac event, and permanent brain damage. Vargas Luna was placed on life support for several months before dying from her injuries, the complaint states.

Plaintiff alleges employees did not call 911 during the assault

Rangel alleges that employees did not call 911 during the assault and that police were only contacted after both victims were already injured. The incident occurred during business hours and entirely on the restaurant’s property, according to the filing.

The lawsuit further claims the McDonald’s location had a long history of criminal activity and safety concerns.

Between January 2020 and March 2024, Los Angeles police reportedly responded to approximately 132 calls for service at the restaurant, including assault, battery, robbery, vandalism, trespass, narcotics activity, public intoxication, and weapons-related threats.

The complaint also cites customer complaints and online reviews alleging ongoing problems with loitering, solicitation, and unsafe conditions.

Rangel contends the defendants failed to implement basic safety measures such as enforcing anti-loitering policies, assigning security personnel, adequately training employees, or responding to visible threats despite having time and resources to do so.

The lawsuit alleges that these failures made the attack foreseeable and preventable.

Felony charge dropped against Green

Green was initially charged with felony and misdemeanor battery, but prosecutors dropped the felony charge after video suggested Vargas Luna’s fall was accidental, FOX11 Los Angeles reported.

Green was released on his own recognizance, and the status of any misdemeanor charges is unclear.

Rangel is seeking unspecified compensatory and general damages, medical and funeral costs, survival damages, and other relief to be determined at trial. He has also demanded a jury trial.

McDonald’s and the named franchise entities had not publicly responded to the lawsuit at the time of filing.