Manhattan, NY – Myika Darbeau, 25, is suing McDonald’s for injuries she sustained in a fight she started with an employee. The New York woman claims Rayon McIntosh, 32, used unnecessary, excessive, and unlawful force during the fracas, according to lawsuit details. Darbeau admitted to starting the physical altercation at the Greenwich Village McDonald’s which resulted in her going to the emergency room with a fractured skull.
Myika is also suing the owner of the McDonald’s franchise, claiming that there was not adequate security at the store and that an employee with “brutal and vicious propensities” should never have been hired.
Police initially arrest McIntosh, believing he had assaulted Myika Darbeau (who was going by the name Denise at the time) and her girlfriend, Rachel Edwards with a grill scraper, according to the New York Daily News. A grand jury opted not to indict the Greenwich Village McDonald’s employee after watching a video which showed Darbeau and Edwards jumping over the counter and instigating the fight.
McIntosh was released from prison about eight months prior to the McDonald’s fight which prompted the lawsuit. He served 10 years behind bars on manslaughter and assault charges for killing a friend. The pair of women were eventually charged with causing the fight, plead guilty, and got probation.
McIntosh had this to say about the incident during an interview with ABC News:
“Only when they came up on me, that’s when I started swinging it. She f**k me up. She cut me up. I’m an immigrant. I’m still trying to tell her, you know ‘Can you please calm down? This isn’t serious.’ That’s when she spit on me, slapped me from across the counter where the patrons are supposed to be. You are just in survival mode. That’s the only answer I could give. “
The drama allegedly began when a cook insisted on looking very closely at a $50 bill the women offered to pay for their meal, the New York Post notes.