BAKERSFIELD, Calif. — The Dubin Law Firm announced Friday morning that that they do not expect a settlement to occur and they plan to move forward to trial in the Benjamin Green wrongful death lawsuit.
The firm is representing the Greene family in a lawsuit against the Bakersfield Track Club over the 2017 death of Bakersfield attorney Benjamin Greene. The firm said the trial is expected to begin the first week of March.
Greene died after he collapsed during a 5K race being held by the Bakersfield Track Club. The race was part of the Bakersfield Track Club's “Summer Series" and, according to reports, took place during "110-degree weather." He was immediately administered CPR by an off-duty firefighter before EMS could arrive. An ambulance took him to Kern Medical where he later died.
The lawsuit, filed by Greene's wife Michelle, alleges the Bakersfield Track Club contributed to Greene's death stating the club performed willful misconduct by ignoring weather warnings regarding extreme heat and still holding an outdoor 5K run at Hart Park.
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- Bakersfield Attorney Benjamin Greene dies after 5k run at Hart Park
On the day of the race, the track club had arranged for five aid stations to provide the 180 runners with extra water, ice and Gatorade. Misting stations were also set up at the beginning and end of the course to assist the runners.
The Kern County Coroner's office said Greene's cause of death was Hypertensive and Atherosclerotic Cardiovascular Disease with contributing factors of Methamphetamine and Phentermine intoxication. The manner of death is accident.
The firm said they believe the drug test was a false positive.
- Bakersfield attorney Benjamin Greene's wife, Michelle talks with 23ABC about her husband and frustrations about the 5k race:
NOTE: A previous version of this story said the Dubin Law Firm would not take a settlement, that has been corrected to say they do not expect a settlement to occur.