The California resident's filing alleges that McDonald's employees "chose not to intervene" when he and his now late wife were attacked in the drive-thru.
A California man is filing a legal complaint against McDonald's after a fatal accident in the fast food spot's drive-thru.
Jose Juan Rangel, 76, filed the complaint on Thursday, Jan. 8, nearly two years after he and his wife Maria Vargas were allegedly attacked while waiting for their order.
According to the legal complaint and Fox 11 coverage at the time, Rangel and Luna, then 58, ordered via a Los Angeles McDonald's on March 9, 2024. While the couple was in their car, Charles Cornelius Green Jr. -- a "known vagrant with a history of frequenting" the McDonald's location -- spent about 10 minutes approaching cars and soliciting money. All the while, employees watched Green's behavior on live security feeds and "chose not to intervene," the complaint alleges.
Green allegedly hit Rangel through the open driver-side window "without warning" before going to the passenger's side and attacking Luna. Rangel got out of the car to intervene but Green wrestled with him, prompting Luna to exit the car to help him before "Green pushed her to the ground, and her head struck the asphalt."
The hit reportedly "inflicted severe head trauma, triggered a cardiac event, and caused permanent brain damage."
Per the filing, employees allegedly watched the assault through the drive-thru window and on live video feeds "and still chose not to call 911 or activate any emergency response."
Luna was transported to a hospital where she was placed on life support for several months before dying from her injuries, according to the filing.
"This business location is notorious in the community for ignoring the safety of its paying customers," the filing alleges, explaining that the Los Angeles Police Department responded to approximately 132 911 calls between Jan. 1, 2020, and the day of the incident in question.
The complaint includes eight cause of actions: wrongful death, survival action, negligence, premises liability, negligent hiring training supervision, and retention, negligent undertaking, negligent infliction of emotional distress and loss of consortium. Rangel is asking for damages and a trial by jury.
Dean Sanchez, the franchise owner of the McDonald's where the incident took place, shared the following statement with PEOPLE: "Our hearts go out to Mr. Rangel and his family after this tragic incident. 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."
Rangel's attorney Ali Kazempour did not immediately respond to PEOPLE's request to comment on the case.