LOS ANGELES (CNS) – McDonald’s Corp., sued by the widower of a woman who alleges a vagrant killed his wife while the couple was getting food at a drive-through window in Boyle Heights in 2024, has filed a countersuit against the alleged attacker.
The Los Angeles Superior Court lawsuit was brought by Jose Juan Rangel against McDonald’s as well as franchisers R&B Sanchez and DRS Hospitality LLC. His wife, Maria Vargas Luna, was allegedly killed by the drifter, Charles Cornelius Green Jr.
On Monday, McDonald’s filed a countersuit against Green, seeking compensation for any damages that may be assessed against the corporation. However, in court papers filed the same day, McDonald’s attorneys deny any liability and say that by coming on the premises, Rangel “knowingly and voluntarily assumed the risks and hazards of the incident complained of and the damage.”
Dean Sanchez, the franchise owner and operator of the Soto Street location, previously issued a statement regarding the lawsuit.
“Our hearts go out to Mr. Rangel and his family after this tragic incident,” Sanchez said. “We’re a family-owned business that’s deeply committed to safely serving the local community. While we’re unable to comment further at this time due to ongoing litigation, we do not believe the facts support these claims and we will respond in full through the proper legal channels.”
According to the suit filed Jan. 8, Green had a history of loitering outside the restaurant and began asking for money from drive-through customers on March 9, 2024, when Rangel and Luna visited the location.
Restaurant employees saw Green on live security camera feeds and via the drive-through window and did not do anything about it even though they knew the ongoing vagrant problem created a likely risk of a confrontation, according to the suit.
At one point, Green walked up to the couple’s car and hit Rangel repeatedly in the face, but the McDonald’s workers did not call 911 or take any appropriate action, the suit further alleges. Green then went to the passenger side where Luna was seated and tried to attack her, but Rangel intervened and forced Green to the pavement, the suit states.
Luna got out of the car and tried to help her husband, but Green pushed her to the pavement and she suffered severe head trauma that started cardiac problems and left her with permanent brain damage, the suit states.
McDonald’s employees still did not call the police, according to the suit, which further states Luna was hospitalized on life support for several months until she died.
From January 2020 to March 2024, the LAPD responded to about 130 calls at the Soto Street restaurant that included assault, battery, robbery, vandalism, trespass, narcotics activity, public intoxication, and weapons-related threats, the suit states.
The complaint’s allegations include wrongful death, negligence and negligent infliction of emotional distress. Reasonable action by the defendants would have prevented the physical assault on the plaintiff and the death of his wife, the suit contends. A case management conference is scheduled for May 11.
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