A jury deadlocked Aug. 20 in the civil suit brought after the train-collision death of Bret Breunig.
Follow Our Courts reached out to attorneys on both sides for comment.
Breunig was requesting treatment at Loma Linda University Medical Center for an infected leg, the complaint says. Hospital employees called sheriff’s deputies to remove him.
Breunig was dropped off in the San Timoteo Canyon by San Bernardino County sheriff’s deputies on Aug. 18, 2021—where he was fatally hit by a train.
Breunig’s mother, Deborah Moller, accused the San Bernardino Sheriff’s Department of eight causes of action, including failure to protect, creating a danger, and violation of Health and Safety Code Section 1317.
When he left with deputies, Breunig was reportedly wearing only a hospital gown, and was not wearing shoes, the complaint said. He did not have money or his cell phone on him, and did not have crutches to help him walk.
“We are confident that we cannot reach a unanimous decision,” the Aug. 20 jury note says.
Trial began Aug. 13.
Breunig had fentanyl in his blood at the time of his death, specifically 8.6 nanograms per milliliter, according to jury instructions.
Kevin and Ashley Conlogue of Conlogue Law represent Moller.
Shannon Gustafson and Amy Margolies represent the county defendants.
California Central District Judge Dale Fischer presided in Courtroom 7D of the First Street Courthouse in Los Angeles.
Case No. 5:22-cv-01306
Read our previous coverage:
Officers, LLUMC sued for patient’s death by train
San Timoteo Canyon death by train: Mother amends suit against law enforcement, hospital
UPDATE: Redlands canyon death by train case starts trial
