In California, McDonald’s employees observed a homeless individual assaulting a couple at the drive-thru, resulting in one fatality due to a forceful shove. Despite witnessing the incident unfold, the staff reportedly refrained from contacting emergency services or intervening, even after allowing the man to approach vehicles for over ten minutes, according to a lawsuit.

Jose Juan Rangel, the husband of the deceased 58-year-old Maria Vargas Luna, claims in a legal filing submitted last week to the Los Angeles Superior Court that McDonald’s employees observed the attack via the drive-thru window and live video feeds. Yet, they chose not to dial 911 or initiate any emergency protocol.

The complaint criticizes their complete lack of response, stating it directly contributed to the injuries and fatality mentioned in the document. Rangel, along with his attorney, Ali R. Kazempour, asserts that staff at the McDonald’s on 245 North Soto Street in Los Angeles watched as the alleged assailant, Charles Cornelius Green Jr., loitered around the drive-thru area for at least ten minutes, approached cars, asked for money, and stood near customers’ vehicles before attacking Rangel and his wife on March 9, 2024. Rangel is pursuing legal action against McDonald’s Corporation and two franchise owners.

The lawsuit contends, “These obvious warning signs obligated the Defendants to take protective measures, yet they failed to act.” It further details how, without prior notice, Green suddenly lunged at Rangel, delivering repeated blows to his face through the open driver-side window.

“These visible warning signs required Defendants to take protective action, but they did nothing,” the complaint alleges. “Without warning, Green lunged at [Rangel] and struck him repeatedly in the face through the open driver-side window.”

Luna saw Green beating her husband and “immediately exited” the vehicle to help him, according to Rangel and his lawyer. Green allegedly pushed her to the ground and her head struck the asphalt, leading to severe head trauma that triggered a cardiac event and caused permanent brain damage.

“Throughout this physical assault period, defendants’ employees never called law enforcement or requested emergency assistance,” the complaint says, alleging that police arrived only after Rangel lay injured and his wife lay unconscious on the ground.

“Paramedics transported [Rangel’s] wife to the hospital, where doctors placed her on life support for several months before she ultimately died from her injuries,” the document explains. “Defendants’ employees had sufficient time to observe Green’s conduct, recognize the danger, and intervene before the assault.”

Green was allegedly “a known vagrant” with a history of frequenting the McDonald’s. The complaint says employees “routinely encountered vagrants and unhoused individuals” on and around the fast-food restaurant and “understood that their presence created unpredictable and alarming encounters for customers,” but nothing was done.

“Defendants knew that this recurring condition created a foreseeable risk of confrontation and injury,” the complaint alleges. “Defendants’ failure to employ security personnel or implement safety measures allowed Green to remain on the property and created the conditions that led to the attack.”

Rangel and his attorney say that employees failed to monitor and supervise customer areas, ignored clear danger, and performed their duties negligently. Even without a dedicated security guard the workers had a duty to “respond reasonably” once Green’s dangerous conduct became apparent, the complaint charges.

“Employees could have called 911, warned customers, or directed Green to leave,” the document says. “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.”

According to the complaint, the Los Angeles Police Department responded to approximately 132 calls for service at the McDonald’s between Jan. 1, 2020, and March 9, 2024. Officers allegedly addressed 90 criminal or violent incidents, including assault, battery, robbery, vandalism, trespass, narcotics activity, public intoxication, and weapons-related threats. More than 70 of the incidents allegedly involved assault, battery, or disturbance.

“These repeated events placed defendants on actual and constructive notice that violence, trespassing, and loitering created persistent and dangerous conditions on the property,” the complaint says. “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.”

Green was charged with a felony count of battery and a misdemeanor battery count, but prosecutors chose to drop the felony charge after determining that Luna’s fall was accidental, local Fox station KTTV reported. He was released on his own recognizance, with the status of his misdemeanor case being unclear.

“He’s a free man,” Luna’s stepdaughter Veronica Rangel told local news station KTLA. “My father’s wife, our stepmother is dying or pretty much dead, and where’s the justice? There was no justice at all.”

In a statement to Law&Crime, Rangel’s attorney described his civil case as one that involves a “completely preventable act of violence that occurred in a setting where patrons had every right to expect reasonable safety measures,” regardless of the circumstances.

“The lawsuit documents a history of criminal activity at this location, employees’ real-time observation of the attacker, and a failure to intervene despite clear warning signs,” Kazempour said. “We intend to pursue justice through the court process.”

McDonald’s Corp. and the franchise holders did not respond to Law&Crime’s requests for comment. The Los Angeles County District Attorney’s Office did not respond to Law&Crime’s requests for more information on Green’s misdemeanor charge.