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Train death spurs lawsuit against bar

October 6, 2011

Bryan Brady

By DANIEL BLACKBURN

Parents of a young North County man killed by a train have filed a wrongful death lawsuit against the owners of a popular downtown Paso Robles bar and restaurant and are asking for a jury trial.

Bryan Brady was celebrating his 21st birthday at The Crooked Kilt, an establishment now known as Pappy McGregor’s, on July 31, 2010. Within hours after witnesses saw him being dragged away from the bar by two people, he was struck by a northbound Union Pacific freight train near 13th Street. He had been lying unconscious on the tracks, according to police, but how he got there is the subject of an intense investigation.

That investigation, however, is being privately financed by Brady’s parents, Don and Kasi after a Paso Robles police probe fizzled in the wake of deep departmental cuts.

According to a police report — compiled at the insistence of his parents weeks after Brady’s death — the young man was knocked out by an unidentified person outside the saloon. He then lay unconscious on the sidewalk in front of the saloon for at least several minutes, observed by saloon employees.

The assailant was described as white, 5 feet 11 inches tall, weighing 170 to 180 pounds, with sandy blond hair and a buzz haircut, and driving a grey pickup truck. He remains unidentified.

Surveillance cameras that would normally show activities directly in front of the saloon were not working that night, saloon managers told police.

The lawsuit, filed Thursday by San Luis Obispo attorney Duncan S. Skogsberg, alleges Pappy McGregor’s employees were negligent in not calling  police or paramedics. It alleges that the younger Brady was allowed admission into the establishment despite the “door security staff (who) were aware (Brady) was already intoxicated, but nevertheless allowed him to enter.”

Those same employees “were present and observed (Brady) being attacked, and immediately thereafter, lying unconscious and unresponsive.” Nor did they “call 911 to summon police and medical attention for him,” the lawsuit asserts.

And when the young man was carried away by “patrons unknown,” the saloon staff “did nothing to inquire or intervene.”

The lawsuit seeks unspecified damages.


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Mr. Hoolly, criminal charges have not been filed because they only have a description of the suspect seen assaulting Brady and perhaps by filing this suit, enough information will be garnered to name this suspect. As far as a suit against the drinking establishment, The State of California has certain laws that govern the responsibilities of a business to their patrons. It seems reasonable to assume that these laws may have been breached. If you see someone assaulted, knocked out and carried off, do you not at least have a moral responsibility to intervene or call 911, and if that victim is a patron on your property is not your responsibility even greater? Besides, often we hear of people being found not guilty and later being sued in civil court for wrongful death. Think of OJ Simpson and the civil suits filed against him. Do you blame the families for seeking justice for their loved ones? Often times, criminals beat the rap, only to be held responsible in civil courts.


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One of the problems with our society’s party scene, is that bouncers at clubs like this aren’t really trained very well.

They have a very tough job. It isn’t just making sure everyone has ID and pays admission, they have a responsibility to the club and its patrons to make sure things are smoothly run and any trouble is headed off with as little violence as possible.

Numerous times, especially in SLO, you hear of drunken customers being man-handled by bouncers some even having arms broken. Usually by bouncers hired for their size and/or brawn (not necessarily brains) who don’t know self-defense techniques that allow them to get someone under control without hurting them or verbal techniques (Verbal Judo) that help diffuse tense situaitons.

(Or maybe they should all just be given stun guns)

They should also be trained in things like CPR or at least be instructed how to tell whether someone is drunk or having a medical issue (like a concussion?) or at least to call police when someone gets knocked out on the sidewalk in front of the club.

That said, this young man’s demise happened some time after he left the bar. Police clearly weren’t very interested in getting to the truth. That makes me all the more curious as to why?

Budget cuts? That’s BS. No police department worth its salt would do that.

If they didn’t have the money or expertise, the Coroner’s investigators or Sheriff’s Department detectives could have been brought in. Shoot the FBI will step in if asked.

Either Paso PD is protecting someone, or it’s the most incompetent PD in the world. Either way, Chief “where’s my gun?” Solomon should be ashamed of her department’s actions in this case.

I’d say there’s plenty of blame to spread around. The bar (insurance company) should settle this ASAP.


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What in the heck is wrong with some of you people. Thank goodness for a few of you that seem to get it. Why are you blaming the attorneys? And worse yet why would anyone blame the parents? The parents left their son and he was fine. Other people left this poor kid knowing that he was in terrible shape, they might as well put him on the tracks themselves. I would sue the bar in a New York minute. If you are going to serve alcohol to these young people then you need to take some responsibility as to the condition that they leave the bar. This boy was a kid, he had just turned 21, it might have been the first the time that he had ever been drunk. I hope the parents get a lot of money and I wish the attorney luck in getting some type of justice. If the bar owners had any sense they would have fired everyone that saw this kid that night.


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Clearly typo’s knowledge of this case is limited and her statements–full of emotion, not logic– suggest that she needs to read previous articles for more info. Among them:


From The Trib, July 30 ’11:

“The Bradys know their son had difficulties in his teens with drugs, partying and run-ins with the law…”


“According to the coroner’s report, Brady was intoxicated with a blood alcohol content of .20. That’s more than twice the legal limit for operating a vehicle. Authorities say it may have been enough alcohol to leave him unconscious… [Dep.Sheriff Coroner] Crawford ruled out homicide because he didn’t find signs of injury that weren’t caused by the train. There were no evident signs of bruising from being hit or punched prior to impact. He also had no recent changes in his behavior or emotions, based on interviews with those who knew him, so Crawford ruled out suicide. If there was evidence that Brady was injured before being struck by the train — such as bruising one can’t see between the layers of skin — it wasn’t discovered because the lack of evidence didn’t prompt additional tests… There was no pooling of blood under the body, an indicator that an injured victim may have laid in one spot before he died. Brady’s hands and knuckles didn’t show signs of a fight. And no suspicious weapons or rocks with blood or hair were found at the scene or in the surrounding area. ”


And, most telling–“Allegations of a fight didn’t surface until after the body was cremated.”


So, here’s a recap:


1)Bryan got plastered on his 21st birthday and no, typo. It was NOT the first time he had been drunk.

2)Bryan’s parents knew he had a history of partying but left him downtown anyway.

3)Bryan’s parents cried “foul” AFTER the body (and its forensic evidence) had been incinerated.

4) This is about money, plain and simple. Bryan’s death is a tragic reminder for all of us–21 and over–to drink responsibly. It’s not the bar’s fault. It’s not the cops’ fault. It’s not the taxpayers’ fault. A lawsuit will not bring him back to life. Sad but true.


Read more: http://www.sanluisobispo.com/2011/07/30/1701602/parents-of-man-killed-by-train.html#ixzz1a6rQaiJS


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I don’t know that facts and don’t really care, the young mans passing was needless, period. I do however see one major problem with your response, your facts came from the Trib who probably was paid off by Pisspoor McGregors to cover their asses and make the victim look guilty. SOS as nothing bad ever happens in SLO does it??


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pasoparents is also selective with the facts she details. She fails to mention that Bryan’s parents continued to say that while he had problems in his teens, he had since turned his life around. Bryan was working a full time job with his father. The father said Byran went to work dressed in a different style (more professional) on his 21st birthday. The father went on to say that one of his co-workers remarked, “Bryan you look like a man today”, Bryan replied, “that’s because I am”. Byran had not been in trouble for quite sometime. We all know that kids will test the waters as teenagers and it’s not uncommon to include experimenting with drugs. Bryan was no longer using drugs and no drugs were found in his system apart from the alcohol. Frankly we used to be allowed to drive at .10%BAC. Bryan had double that amount and there was no reason for him not to be able to get himself off those tracks unless he was knocked out with a fist in my opinion.


I should add that there was no autopsy on Bryan. The coroner decided that he could tell by looking at Bryans “squished” head that he hadn’t been beaten before the train ran over him! Did the coroner “observe” that Brian had been knocked out cold an hour prior? I doubt it. What a jackass determination by the coroner, in my opinion. The parents didn’t learn there had been no autopsy until weeks later. They hired an investigator because the PD stopped investigating. Get off the parents backs. Don’t tell me that id this was your child, you would JUST ACCEPT IT without wanting all the facts and justice.


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pasoparent5-great reply. If the parents and attorneys really care, and I’m sure the parents do, why arn’t criminal charges ever mentioned. All we hear about is $$$$$, and of course that is where the attorney comes in. I certainly hope that the parents havn’t turned their grief into an opportunity to make some money as a result of their son’s death. Sad sad sad.


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I feel it’s not fair to put that on the parents. You don’t know them and none of us know all the facts. It wouldn’t surprise me at all to see charges not brought up on this bar owner,,,remember Christin Smart? I had a friend that was murdered by her husband, it was very obvious for numerous reasons that I wont’ get into here but he didn’t even get a slap on the wrist. As I have mentioned, my family is going through a case right now that has been dragging on for years because the county that it’s in is short on funding and basicly they don’t care. If not for our families diligence then no doubt it would have been dropped right away. The DA’s in many cases only care about justice if it pertains to a famous person or someone with a good lawyer.


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“witnesses saw him being dragged away from the bar by two people,”


“the young man was knocked out by an unidentified person outside the saloon. He then lay unconscious on the sidewalk in front of the saloon for at least several minutes, observed by saloon employees”


” Brady was allowed admission into the establishment despite the “door security staff (who) were aware (Brady) was already intoxicated, but nevertheless allowed him to enter.”


“Those same employees “were present and observed (Brady) being attacked, and immediately thereafter, lying unconscious and unresponsive.” Nor did they “call 911 to summon police and medical attention for him”


As I said earlier, I can only go by how accurate this article might be. IF any of the above is true then the the bar is liable. I haven’t read that he had a drinking and drug problem but even if he did if the above is true then the bar is still liable IMO. Again, I don’t know all the facts, I admit that, I’m simply going by this article.


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Oh, Yes, Paso Parent, I remember you from the last story on this case. You are the creepo who obviously is covering for some guilty party. You are that hateful one. F’YI, the allegations of the fights came from witnesses who were there at the Crooked Kilt that night. The parents did not learn of these events until weeks after his death. Bryan is a victim of a very violent crime, according to statements from witnesses who saw what happened that night. I CANNOT HELP BUT WONDER WHAT YOUR PERSONAL INTEREST IS IN THIS CASE. ARE YOU AN OWNER OF THE CROOKED KILT OR ARE YOU A COP WHO DID NOT DO YOUR JOB INVESTIGATING THIS TERRIBLE CRIME? Your detailed commentary shows a bit more personal interest in this case, an ABNORMAL interest, that would lead one to believe that you do indeed, have a fear of being FOUND OUT .


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ON2U, I don’t own a bar and I’m not a cop. I am a parent who teaches personal responsibility to my kids. In fact, I had my teens read the original article because I want them to see firsthand what can happen to you when you get plastered at a bar. And, by the way, using ALL CAPS doesn’t make me agree w/you. Stay tuned and we’ll all see how this frivolous lawsuit goes down. Best wishes, ON2U.


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I do have one more question for you. When you are teaching your children “personal responsibility” do you talk to them about their responsibility to their fellow man? For example, if they see a person hurt, injured or in some sort of trouble, how do you teach them to respond to that situation? Just curious…..If your teenager sees, for example, a

defenseless old man being beaten down in a dark alley by a punk gang, what do you teach your teenager to do? Again, I am just curious…..And, does a person have to be plastered in a bar to become a victim? Or can just any innocent person be assaulted for no reason?


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ON2U,

“The Hateful One” sounds like a pretty accurate description of pasoparent’s blog. If s/he were in a creative writing class, that would be what they call p.p.’s “literary tone…”. Then, again, s/he could be just as you described.


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to follow your logic, that a person has had sex in the past is proof positive that he or she was not raped. what bearing does his past experience have on the night in question?


bryan had reached the age of majority. at what point were his parents actually in control of the situation?


i would ask you to go see the aftermath of a train v pedestrian incident. it’s not pretty. that they were able to find enough parts to test anything is nothing short of amazing. so i’m not sure how they could tell the difference between injuries sustained because of the collision or some other reason. the SLO county ME is not CSI miami. also, an absence of evidence is not evidence of absence.


i’m not saying one way or the other who is guilty or of what, but how can you possibly care that a greiving family wants some answers?


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From what I know about the law, the bar had a responsibility to get help for this kid when they saw he had been knocked out in front of the club. Are they the last ones in the county to learn how to dial 911?


Also, from what I’ve heard, the Paso Police did a cursory investigation–nothing more.


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There is $2,000,000 of money to be had in insurance here: $1mil in Liquor Liab and $1mil in Gen’l Liab. It stands to reason some attorney would do whatever they could to get it.


If the bar was as negligent as this article indicates, they absolutely should take shared responsibility. Their staff represent them and, if acting as stated, they were completely wrong.


A life was lost. I feel for the parents in this case and hope all this litigation gives them the comfort they seek. Their personal lives will be exposed in minute detail as will their son’s. In the end, they still will not have their son back but they might have a bit more money in their pocket and the bar may have less or none.


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Thank-you, Jesus! Someone with a heart and a pulse….


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Bryan Brady’s own parents didn’t care enough to make sure that he made it home safely, and now they want to sue the bar he was drinking at? Pitiful.


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You’re pitiful. What 21 year old spends his entire 21st birthday with his parents? They took their son out to dinner to share some special time with him. Then he wanted to go off and celebrate with the guy’s. Unfortunately, he didn’t find any “friends” around that night.


I can’t believe you would say something that cruel, these parents are suffering. You obviously don’t have children and as for the people who gave you a thumbs up, DAMN YOU.


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I”m with you Cindy. I expressed my opinion on this post last night and it got taken off. I hope this boy’s parents don’t read this. This is a good example of why we should ignore the whole thumbs up and down thing.


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Cindy, Typo, et al,

I certainly did not intend to come across as cruel, and the thought that I might be adding to this family’s pain makes me feel terrible. I apologize for the abrupt harshness of my previous post, especially my use of the word “pitiful”.


I still don’t like the fact that the family is suing the bar, though. Bryan Brady chose to consume a lot of alcohol that night. I think that whatever happened to him ultimately stems from that fact. The whole “getting completely blitzed as a right of passage” thing is unfortunate, in my opinion. Also, if I understand the story correctly, Brady was a party of one while all this was happening. If he wasn’t with friends, who was supposed to be looking out for him, and how was he supposed to get home safely? Again, I’m not attacking the parents, but I would like to know how this young man ended up wandering around town drunk. Who is responsible? Not the bar, in my opinion.


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Thanks for the clarification Ugluk. I have unintentionally said things in the past that were not intended to be cruel while I was raising an honest point of view too. Later, I realized that I could have said it better or different.


I suspect you’re throwing this back at the parents because they’re blaming the bar. I understand that you think that a bar is certainly less responsible to look out for a kids (21 year old) well being than his own parents, since he must have left them in an intoxicated state. Why blame the bar when a drunk show’s up? I get that.


We don’t know if he had a few drinks after he left his parents and along the way to his final bar stop. I don’t believe there has been any clarity on what occurred between the dinner with his parents and the time that he showed up at the Kilt. What I do know is that his family has been terribly frustrated trying to get to the bottom of what happened to their son? Why and how did he end up on the tracks? There is enough evidence to indicate that he was not physically able to get down there on his own after being knocked out from a fist and on top of the alcohol in his system. He was also seen being abused (knocked down) after the bar incident and that is the last reported sighting of Bryan until he was discovered on the tracks.


Combine the above with the fact that the coroner determined that there was no evidence to warrant a full autopsy or the possibility of any wrong doing! I can’t buy that determination as a reasonable conclusion. I think that is nothing but an easy excuse to say this is a mess, half his head is missing, there are lot’s of body parts and I have no idea what happened to him other than he had a .2% BAC and a train ran him over while he was obviously laying in it’s pathway.


Bryan’s last know words were that he was alone and no one would help him. He said this while surrounded by people who were showing him no mercy. This knowledge has got to be hell on earth for his parents and the people who loved him. They have to start someplace to get answers and it started when he was attacked and carried off from the bar. I believe all they’re trying to do is get some answers that the PD hasn’t provided. The PD has also dismissed the fact that there are clear discrepancies in the statements being provided by those who were interviewed and were suspects of interest.


Put yourself in their shoes. It’s not about money, it’s about a broken heart and a NEED for answers that are not forth coming. Filing this law suit is the only place they know can take them back to where it started and possibly lead them to all the facts and maybe some justice.


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Wow, I can’t believe that my comment got taken off and this one is still here. I guess if I tell you how mean your post is I’ll get clicked off. I do wonder if you are a parent.


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“Surveillance cameras that would normally show activities directly in front of the saloon were not working that night, saloon managers told police.”


The bar would have installed surveillance camera’s in effort to satisfy city permit requirements. If the surveillance camera’s were not working the bar should not have been open.


Who is responsible for follow up and enforcement of compliance with permit requirements? Obviously this task also fizzled in the wake of deep cuts?


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“That investigation, however, is being privately financed by Brady’s parents, Don and Kasi after a Paso Robles police probe fizzled in the wake of deep departmental cuts”


I wonder if this part of the story is accurate, if it is then it’s deplorable. My family is running into something like this with a different police department so I do believe that it could be true. The investigation on this young mans death is too expensive so it’s dropped!!


If this kid was beat up, knocked out and then dragged out to the street unconscious as stated in this story then his parents should sue. IF this is the case then perhaps he had some type of injury that perhaps tied with alcohol or not might have caused him to pass out on the railroad tracks. What kind of cold hearted people would drag someone outside that was knocked unconscious or even just passed out from drinking? They should have either looked in his cell phone or wallet and called someone to get him or call the police. I’m again saying this if this is accurate. We don’t have all the facts so I’m just going by what is in this article.


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It would really be interesting to see if the parents are actually paying for the investigation out of their own pocket. At time these “ambulance chasing” attorney’s will solicit the case, pay the costs of the “investigation” and then increase their cut of the deal, sometimes up to 50% of the award.

Would be interesting to review the background of the investigator and see if he/she is part of the “ambulance chasing” industry.


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Terrible outcome.

Sounds like we have a new ambulance chasing attorney in town or he’s kept a low profile.

If iI remember correctly in earlier reporting that the family was with their child/adult drinking to celebrate his 21st birthday. Was there any responsibility there for caring for their son on his first night out drinking? Was there any responsibilty on there part to make sure he made it home after drinking? They better be careful or the attorney may sue them also.

This is all very sad and as usual this will not bring their son back but only line the pockets of the attorneys and put a financial burden on the shoulders of a business.

Of course this is another endorsement for the Lisa Solomon the do nothing “police chief” of Paso Robles.

Lisa should take her $150k a year retirement and do us all a favor and open up a dance bar.


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You are correct in that earlier articles on other websites did state that Bryan’s family was with him that night to celebrate his birthday. As the evening wound down, Bryan told them he was “OK” and THEY LEFT WITHOUT HIM. So…now the parents are blaming the bar?? What about THEIR responsibility?


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Brian’s parents took him out to dinner. He was fine when he left them and went off to celebrate like any other 21 year old does on his birthday. He told his parents he would catch up with some friends and get a ride home from those friends later. Now what is it that you were saying about THEIR responsibility?


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So he was fine when he left his parents but too intoxicated to drink before arriving at the bar? Where did he drink in between? If he didn’t then which is it? Ok to go out or too intoxicated to drink. Cant have it both ways.


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As much as I believe that Lisa “Let-me-sing-and-dance-for-you” Solomon is incompetent, unprofessional and an all-around embarrassment to law enforcement officers… in this case, the Paso PD seems to have done a thorough job of investigating Bryan’s death on the tracks. The grieving parents, however, didn’t like the outcome and are looking for someone–anyone–to blame for their son’s tragic death.


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The Paso police did a good job? The boys that carried Brian away from the bar and into the alley gave conflicting stories. Two said they were helping him because he couldn’t walk. The other one denied that they had to carry Brian and said he was just fine. Later he was pushed to the ground in front of a gang in a parking lot. A girl who knew him said she asked him if he was OK. She said he was very messed up and said, “I’m all alone, no one will help me. I’m going down onto the tracks”. The PD DECIDED THAT HE HAD MADE A SUICIDE STATEMENT. I don’t think that’s necessarily a correct deduction, I think he could have been saying that he was going to be put on the tracks. He had just suffered a head injury that knocked him out cold, he was on the ground later when the girl encountered him being pushed around and how did he even get down on those tracks in that condition? What would you do if this was your son or a loved one?


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Holly, pasoparent, and some others here,


First, the law does not make a person who happens to be a parent responsible for other adults generally. Also, there is no duty between a parent and an adult child. That “feeling” you have about this situation is irrelevant.


Second, bar owners, who are benefitting from people drinking in their establishments and, it is important to note, have taken measures to ensure their safety, are to some degree responsible when they have actual notice of people being assaulted or acting dangerously directly after leaving and outside their establishments.


I think someone already mentioned it, but the fact that the bar had video surveillance for the purpose of preventing exactly the kind of incident that occurred, and that the bar failed to ensure it was operative for that purpose, does not look good for the bar owner. In any event, the bar owner through its security and employees who encounter patrons involved in dangerous situations on their premises are going to be liable.


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For a while, it seemed that every time I opened the newspapers, someone was getting hit by a train. Even being totally out of it, your hard-drinking buddies manage to make it home on autopilot, across red lights, uneven dirt lots, junk-yard dogs and all. So why keel over on a train track? I don’t get it.


I stopped reading the newspapers religiously back in 2008. So, the spate of railroad deaths must have occurred between 2006 and then. I thought about counting them up and comparing the total to the national average, but never did.


The Dept. of Justice’s National Crime Statistics prints annual stats on how many people die from particular kinds of mishaps by region. Who would have thought a bureaucracy like the DOJ would provide such interesting reading matter?


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Yeah SLO county seems to have an excess of “Darwin award” type deaths. TO sue the bar for not knowing the people he is leaving with are not friends, is just ridiculous… why is it their job? And im pretty sure bars let people that have drank into their establishments all the damn time, how would anyone at all barhop on their 21st if they couldn’t?


Fail lawsuit


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I don’t think they are sueing for him leaving with non friends but rather the fact the ….


HE WAS KNOCKED UNCONSCIOUS AND NO BAR EMPLOYEE CALLED THE POLICE OR 911.


This is unexcuseable and totally irresponsible. Next time you get hit so hard that you are knocked out I hope someone cares enough to call for help.


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Well while they are at it why not sue every last person who was at the bar that night? How about sue the police for not watching that “dangerous” bar more closely? And lets sue AMTRAK also, they should never have trains running on those tracks, shame on you Amtrak!!


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well…. the patrons of the bar are owed a duty by the owners, not the other patrons, not the police, and not amtrak. if you don’t like this type of lawsuit, your gripe is with your legislature, not those working within the law. your username could not be more accurate.


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Herpity derp-derp would find that he and probably his parents (jeez, don’t they have some responsibility) were the only responsible parties (though neither were able to act at the time) that allowed him to be left beaten and unconscious outside the bar where he just slugged down some cold ones, while everyone just laughed and watched him lie there. That’s wonderful he’s got it all figured out to help bar owners, because I’d like to be able to watch it happen to him someday. I certainly have no duty to help.


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You got a red from me, the last line,”I certainly have no duty to help.”


WE ALL HAVE A DUTY TO HELP, some one who cannot or will not help themselves.


Being the take no crap A-h*le I have always been, a similar thing happened to me.


Knock out cold by two tag team convicts in Mr. Ricks, one yelled the older one sunday-ed me in the jaw down I went.


No one called the cops, or 911, the bar actually let the assailants finish their drinks and leave with out calling 911


If they had called, the attackers may have been caught, taking the heat off the bar.


They were never found, I sued the bar IN PRO PER, the fought it, finally got a ambulance chaser after I had done all the work, I had even set the case for trial.


What happened? All I can legally say is, the case settled in my favor, they did have a duty of care to their patrons and they knew it, Jesus Christ, their young son is dead and might not be if the bar had any interest in his safety what’s soever!


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Burger, that is exactly my point in a previous post to Holly’s comment above. I, as an individual just walking down the street, have no legal duty to act. If that warrants a “red” from you, that’s fine, but it’s true regardless. And that was my point in the comment you responded to — that and pointing out how silly it is to claim everyone else besides the bar owner owes a legal duty to a person placed in a situation at the bar where there was an injury or a reasonable likelihood of harm that occurred when the business failed to act on its legal duty.


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cheseburger,

Thanks for lending clarity to this situation. Nothing like first hand experience to bringing understanding this lawsuit. I am thankful that you are ok and I am glad that you prevailed in your suit. I do not blame the parents at all for filing a suit… In fact, it seems to me that the entire ‘civilized’ citizenry of Paso Robles would be behind this lawsuit, since calling a bar owner to account may make all bar owners more aware of their duty and their liability. Seems to me that Paso Robles has a gang problem and a crime problem that is not being addressed and I heard on the radio awhile back that downtown Paso is a scary place after 10:00 pm….If this suit makes Paso a safer place, then we all benefit from its outcome.


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I don’t drink , sorry to disappoint.


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