A heartbroken husband has filed a lawsuit against McDonald’s following the tragic death of his wife, who was allegedly attacked by a homeless individual while she was in the drive-thru of a McDonald’s location in California.

Last week, Jose Juan Rangel took legal action in Los Angeles Superior Court, nearly two years after his wife, Maria Vargas Luna, who was 58 at the time, lost her life in March 2024.

In his lawsuit, Rangel accuses McDonald’s Corp. and two franchise owners of wrongful death and negligence.

He is seeking an undisclosed amount in financial compensation for the loss of Luna.

Rangel asserts in the lawsuit that “employees observed the assault through the drive-thru window and on live video feeds, yet failed to call 911 or trigger any emergency response.”

‘Their total inaction in the face of heightened risk directly contributed to the injuries and the death described in this complaint.’

Rangel claimed staff at the McDonald’s allowed the man, identified as Charles Cornelius Green Jr., to ‘approach’ vehicles for upwards of 10 minutes, soliciting money from customers before he targeted Rangel and his wife.

‘These visible warning signs required Defendants to take protective action, but they did nothing,’ the complaint states. 

Jose Juan Rangel filed the complaint in Los Angeles Superior Court last week, almost two years on from the tragic death of his 58-year-old wife Maria Vargas Luna in March, 2024

In the lawsuit, Rangel has named McDonald’s Corp. and two franchise holders as he argues a case of wrongful death and negligence

‘Without warning, Green lunged at [Rangel] and struck him repeatedly in the face through the open driver-side window.’

According to the lawsuit, Luna rushed to her husband’s defense and Green allegedly pushed her to the ground, where her head struck the asphalt.

She suffered a severe head trauma which sent her into cardiac arrest, causing permanent brain damage. 

Luna spent several months on life support before ultimately succumbing to her injuries.

The lawsuit states the defendants’ employees all had ‘sufficient time to observe Green’s conduct, recognize the danger, and intervene before the assault.’

Green was initially charged with one felony count of battery and a misdemeanor count, but the felony charge was later dropped.

‘He’s a free man,’ Luna’s stepdaughter Veronica Rangel told local KTLA at the time. 

‘My father’s wife, our stepmother is dying or pretty much dead, and where’s the justice? There was no justice at all.’

Rangel was struvk repeatedly in the face during the incident

Green was allegedly known to frequent the McDonald’s, and Rangel’s lawsuit states the fast food franchise should have employed security personnel or implemented safety measures for the wellbeing of paying customers. 

‘Defendants had the means and responsibility to prevent this tragedy, but this business location is notorious in the community for ignoring the safety of its paying customers,’ he argued.

In the four years leading up to the fatal tragedy, the Los Angeles Police Department had responded to 132 calls at the McDonald’s location, the complaint stated.

These complaints ranged from assault and battery to robbery and weapons-related threats. 

‘Despite the history of similar incidents, the visible warning signs immediately before the assault, and the attack unfolding in plain view for several minutes, defendants chose not to take any action to protect [Rangel] or his now deceased wife,’ the complaint stated.