Mother Files Suit Against McDonald’s After Employee Fatally Stabbed Son

Robert B. Baker, Esq., Zimmerman & Frachtman
(954) 509-1900

Mother Files Suit Against McDonald’s After Employee Fatally Stabbed Son

Parkland, FL – Carmen Lubin, mother and personal representative of the Estate of Wagner Lubin, has filed a lawsuit Today against McDonald’s Corporation after the fatal stabbing of her son.

On the early evening of July 16, 2010, Wagner Lubin came to the McDonald’s at 2351 Palm Avenue in Miramar to get something to eat. While inside the restaurant an altercation between a McDonald’s employee and Mr. Lubin occurred, which continued outside in the parking lot; where Lubin was fatally stabbed.

“McDonald’s had a duty to protect Mr. Lubin from foreseeable attacks on their property,” said family attorney Robert Baker of Zimmerman & Frachtman . “The manager on duty did not timely call police, she delayed in intervening and told the employee involved in the incident to leave the scene as she was going to call police and that it was going to create problems for him.”

The lawsuit contains a count of negligence in that as a business, McDonald’s patrons are entitled to all the reasonable safety precautions to protect its patrons from the criminal or violent acts of an employee or non-employed perpetrator.

“McDonald’s failed to provide adequate security for its employees, Mr. Lubin and the other patrons,” added Baker. “McDonald’s also failed to provide adequate training and tools to its employees and management person when dealing with potentially dangerous situations.”

Carmen Lubin, personal representative of the Estate of Wagner Lubin and surviving parent, has filed a suit against McDonald’s Corporation in the Circuit Court of the 17th Judicial Circuit for Broward County, Florida.

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