March trial scheduled in lawsuit filed in case of attorney who died during 5K run

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Attorney Eric Dubin addresses the media Jan. 24 as Michelle Greene, the widow of Benjamin Greene, looks on.

BAKERSFIELD, Calif. (KGET) — A trial date of March 2 has been set for a lawsuit filed after a criminal defense lawyer died while running a 5K in 107-degree heat.

Eric Dubin, the attorney representing the family of Benjamin Greene, said he’s prepared to argue at trial that the organizer of the June 20, 2017, race was negligent in holding the 5K during such blistering hot conditions.

Dubin said Bakersfield Track Club ignored all safety warnings and should have called off the event. The club had no medical stations or equipment at the race, Dubin said, and if it had taken proper precautions and paid for a defibrillator and emergency medical technicians Greene’s life would have been saved.

Bakersfield Track Club officials could not be reached for comment.

Coroner’s officials determined Greene, 48, died of cardiovascular disease with contributing factors of methamphetamine and phentermine intoxication, and determined his death to be an accident.

Dubin said the amount of drugs in Greene’s system was “minute” and did not cause his death.

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