Star Tribune
Family sues bar and Minnesota Wild after Bloomington man killed in fight over social distancing
The widow of a man killed during a fight over COVID-19 precautions is suing the corporate entities that own the Minnesota Wild and the St. Paul bar where he died, accusing them of negligence and illegally continuing to serve the drunk perpetrator alcohol.
The suit was filed in April by Julie Ryan, widow of the late Bloomington hockey coach Mike Ryan. It names seven entities and Ryan Whisler, the St. Paul man who punched Ryan outside Herbie’s on the Park in April 2021, as defendants.
Whisler was sentenced Monday in a separate criminal case to seven years’ probation after he pleaded guilty to first-degree manslaughter. The sentence factored in the request of Julie Ryan, who asked the judge to not give Whisler, 46, any prison time.
Ryan, 48, was in the restroom of the bar Herbie’s on the Park, when he noticed Whisler filming himself as he punched a hole in the cellophane covering a urinal before using it, the suit states. The urinal was supposed to be closed in order to meet social distancing requirements during the pandemic.
Ryan notified a bartender about Whisler’s actions and told her to keep an eye on Whisler, the complaint reads.
The two men got into a verbal argument, it turned into a fight, and Whisler grabbed Ryan’s facemask before punching Ryan down the stairs as they exited the bar at closing time, the suit says. It caused a fatal brain injury when Ryan hit his head on concrete.
One of the suit’s four claims is that the defendants were negligent are responsible for Ryan’s death by not having employees and security prevent the fighting.
Workers “should have known the risk” Whisler presented to patrons, and “failed to provide safe premises” by having security intervene before Ryan was punched, the suit says. Bar workers directed Whisler and Ryan outside at 11 p.m. and locked the doors behind them without making an effort to separate the two, the suit alleges.
It also accuses the security workers of negligence for not taking action before the injury.
It alleges that security for the Wild and other defendants had observed the arguing between Whisler and Ryan and did not take action to prevent the injury.
Saint Paul Arena Company, another defendant, operates the Xcel Energy Center and provides security to surrounding businesses including Herbie’s, the suit says. The company had its own security called to the bar because of the verbal arguing, it adds.
Ryan’s family declined to comment on the suit and Whisler’s separate criminal case, as did the attorney handling the lawsuit.
The suit alleges bar employees broke the law by continuing to serve Whisler alcohol despite knowing he was drunk prior to hitting Ryan. In what’s known as a “liquor liability” claim, those who become drunk and injure another person can be sued.
The Xcel Center concession employees should have also recognized Whisler’s level of intoxication while attending the game, and were negligent for continuing to serve him, the suit alleges.
The final claim is that Whisler was negligent in hitting Ryan, who had two children with his wife.
Two of the defendants — Minnesota Wild Hockey Club and Minnesota Hockey Ventures Group — own the Wild hockey team.
Attorneys representing the lawsuit defendants did not return calls and emails seeking comment. A call to Herbie’s main number seeking comment was not returned Friday.
Others sued include Park Holdings LLC, which owns and operates Herbie’s on the Park, and is an affiliate of the Minnesota Wild according to the complaint.
The bar sits just east of the lobbies that lead into the Xcel Energy Center Center.
The suit is seeking damages in excess of $50,000 for each of the claims, and damages.
Whisler was initially charged with second-degree unintentional murder in the criminal case but it was dismissed when he pleaded guilty to manslaughter in May.
Dennis Gerhardstein, a spokesman for the Ramsey County Attorney’s Office, said in a statement that prosecutors believe Whisler deserved prison time.
Two people from Minnetonka were killed late Friday afternoon when their GMC Suburban ran a stop sign and was struck by a GMC Yukon headed north on Hwy. 169 west of Palisade, Minn.
According to the State Patrol, Marlo Dean Baldwin, 92, and Elizabeth Jane Baldwin, 61, were dead at the scene. The driver of the Suburban, a 61-year-old Minnetonka man, was taken to a hospital with life-threatening injuries.
The Suburban, pulling a trailer, was headed east on Grove Street/County Rd. 3 at about 5:15 p.m. when it failed to stop at Hwy. 169 and was struck by the northbound Yukon. The Yukon then struck two westbound vehicles stopped at the intersection.
Four people from Zimmerman, Minn., in the Yukon, including the driver, were taken to HCMC with life-threatening injuries, while two passengers were treated for non-life-threatening injuries. Three girls in the Yukon ranged in age from 11 to 15.
The drivers of the two vehicles struck by the Yukon were not injured, the State Patrol said. Road conditions were dry at the time of the accident, and alcohol was not believed to have been a factor. All involved in the accident were wearing a seat belt except for Elizabeth Baldwin.
Hill City police and the Aitkin County Sheriff’s Office assisted at the scene.
Amid the cacophony and chaos of the pregame preparation before a recent Minnetonka High School football game, an exceptional group of six girls is gathered together among the school’s deep and talented cheerleading and dance teams.
The cheerleaders, a national championship-winning program of 40 girls, dot the track around the football field. As the clock ticks down to kickoff and their night of choreographed routines begins, the six girls, proudly wearing Minnetonka blue T-shirts emblazoned with “Skippers Nation” and shaking shiny pom-poms, swirl around the track, bristling with excited energy.
Their circumstances are no different from any of the other cheerleaders with one notable exception: The girls on this team have special needs.
They’re members of the Minnetonka Sparklers, a squad of cheerleaders made up solely of girls with special needs.
A football game at Minnetonka High School is an elaborate production. The Skippers’ recent homecoming victory over Shakopee brought an announced crowd of 8,145. And that is just paying attendees; it doesn’t include school staffers, coaches, dance team, marching band, concession workers, media members and others going about their business attached to the game.
The Sparklers program, now in its 12th season, was the brainchild of Marcy Adams, a former Minnetonka cheerleader who initiated the program in her senior year of high school. Adams has been coach of the team since its inception, staying on through her tenure as a cheerleader at the University of Minnesota.
She started the program after experiencing the Unified Sports program at Minnetonka. The unified sports movement at high schools brings together student-athletes with cognitive or physical disabilities and athletes with no disabilities to foster relationships, understanding and compassion through athletics. Many Minnesota schools offer unified sports.
“I grew up in a household that valued students with special needs and valued inclusion,” Adams said. “I saw a need to give to those students. At Minnetonka, we have a strong Unified program, and this was a great opportunity to build relationships and offer mentorship opportunities.”
Elite runners are in a league of their own.
To get a sense of how far ahead elite runners are compared to the rest of us, the Minnesota Star Tribune took a look at how their times compare to the average marathon participant.
The 2022 Twin Cities Marathon men’s winner was Japanese competitor Yuya Yoshida, who ran the marathon in a time of 2 hours, 11 minutes and 28 seconds, for an average speed of 11.96 mph. He averaged 5 minutes and 2 seconds per mile.
That’s more than twice the speed of the average competitor across both the men’s and women’s categories, of 5.89 mph, according to race results site Mtec. The average participant finished in 4 hours, 26 minutes and 56 seconds. That comes out to an average time of 10 minutes and 11 seconds per mile.
And taking it to the most extreme, the fastest-ever marathon runner, Kelvin Kiptum of Kenya, finished the 2023 Chicago Marathon in 2 hours and 35 seconds, for an average pace of about 13 mph. Kiptum averaged 4 minutes and 36 seconds per mile.
Here is a graphic showing these differences in average marathon speed.
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