Paso Robles bar faces wrongful death suit

Bryan Brady was killed by a train early Saturday, July 31, 2010.
Bryan Brady was killed by a train early Saturday, July 31, 2010.

The parents of the Paso Robles man who was struck and killed by a train in July 2010 have filed a wrongful death suit against the bar where he was celebrating his 21st birthday the night before.

Catherine and Don Brady are seeking unspecified damages on allegations of negligence against Pappy McGregor’s Pub & Grill, a downtown Paso Robles business formerly named The Crooked Kilt.

In their lawsuit, the Bradys accuse bar employees of failing to call 911 after Bryan Brady needed medical attention.

Representatives of Pappy McGregor’s were unavailable for comment.

The suit was filed Wednesday in the Paso Robles branch of San Luis Obispo Superior Court.

Authorities never determined why Bryan Brady was lying on the tracks near 12th Street in the early morning hours of July 31, 2010, but his family thinks he was knocked unconscious in an after-hours fight downtown and dragged there.

Police say they haven’t found any solid evidence to support a homicide, though they are open to new leads.

In the suit, the Bradys allege that The Crooked Kilt was negligent because its employees served Bryan Brady drinks after he was already drunk — against company policy — and then didn’t seek medical aid when they witnessed a patron in front of the business knock him unconscious by striking him in the head.

The suit claims that under state law, there is a “special relationship” between business proprietors and their patrons that “imposes a duty of reasonable care” to help those in need of medical attention.

The suit alleges that Kilt employees allowed Bryan Brady to lie on the ground in front of the business unconscious for three to five minutes “in obvious need of medical attention.”

The Bradys also allege that Kilt employees allowed their son to be carried away from the business “in an unconscious state” with patrons unknown to the defendants.

When he was taken from the Kilt, Bryan Brady was drunk, had a head injury and was unable “to care for himself and see to his own safety,” the suit alleges.

A northbound freight train hit him around 6:15 a.m. July 31, 2010, on a section of tracks behind The Kilt and other businesses.