The mother of a man fatally hit by a train filed a new version of her lawsuit against both San Bernardino County and Loma Linda University Medical Center Jan. 30.
Deborah Moller claims the hospital called the sheriff’s department to remove her 33-year-old son, Bret Breunig, from the hospital without treating him on Aug. 18, 2021. Breunig had an infected leg, according to the complaint. She claimed that sheriff’s deputies dropped Breunig off near the train crossing at Alessandro Road and San Timoteo Canyon Road in Redlands, without his phone or shoes.
Breunig attempted to climb on a moving train, according to a death certificate attached to the complaint, and died of blunt force trauma.
In their legal response, San Bernardino County confirmed that San Bernardino Sheriff’s Deputy Breana Fite, who was named in the new complaint, responded to the hospital on that day. The complaint claims San Bernardino County has a history of providing courtesy rides to people and leaving them in places of danger. The county denied that Fite dropped Breunig off by the train tracks.
The county and the health center have not yet replied to requests for comment. The hospital previously declined to comment, citing patient privacy laws.
Moller’s third amended complaint adds an additional charge against the hospital alleging violation of California Health and Safety Code Section 1317, which requires hospitals to give care to any person who requests it and has an injury. The complaint also drops the argument that Redlands Police were responsible for transporting Breunig.
Similar case dismissed
To make this point, the complaint also mentions the case of Clifton Pleasant, whose son filed a lawsuit alleging Pleasant died after being dropped off by San Bernardino Sheriff’s Deputies near a highway exit in 2019.
Kevin Conlogue of his own law office represented both Pleasant’s family and Moller.
According to the complaint filed by Clifton Pleasant Jr., Pleasant Sr. was arrested in a Victorville home at midnight on July 2, 2019. He was drunk and a danger to others, his son said.
Sheriff’s deputies released Pleasant Sr. at a Motel 6, instead of booking him at the Victor Valley Station, according to the complaint. They picked him up again, because he was destroying the motel lobby, and then dropped him off at the Green Tree Inn, his son’s complaint says. Pleasant Sr. wandered onto the freeway, which had an exit across the street from the Green Tree Inn, and was fatally hit by a car.
California Central District Judge Jesus Bernal granted summary judgment to the county in the Pleasant case. His ruling was appealed, and the Ninth Circuit Court of Appeals agreed with the dismissal.
“No reasonable juror could find that the County’s custom of allowing deputies to give courtesy rides caused Senior’s death, because Senior was not harmed when Deputy (Humberto) Miranda gave him a courtesy ride; rather, he was harmed some time after he was dropped off,” the Ninth Circuit ruling said.
Amended complaint
Moller first filed the lawsuit related to Breunig’s death July 27. She made changes to the complaint at the agreement of all parties.
In total, she brings complaints for failure to protect, three counts of due process violations, county liability, violation of EMTALA, violation of California Health and Safety Code Section 1317, negligence, violation of civil rights and violation of California’s Public Records Act.
The last charge claims the county has not adequately responded to requests for internal documents related to Breunig’s courtesy ride.
A trial date is set for Aug. 29.
Kevin and Ashley Conlogue of Beverly Hill’s Conlogue Law represent Moller.
County Counsel Tom Bunton and Laura Crane and Shannon Gustafson and Amy Margolies of Lynberg and Watkins represent San Bernardino County and Breana Fite.
Stephen Guichard and Michael Reid of Santa Ana’s LaFollette, Johnson, DeHaas, Fesler & Ames represent Loma Linda University Center.
Case No. 5:22-cv-01306.
Read the Pleasant complaint here.
Read the appellate ruling about the Pleasant complaint here.
Read Moller’s complaint here.
Read the county’s response here.
Read our prior coverage here.
