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 alcohol to the drunk perpetrator.

The suit was filed in April by Julie Ryan, widow of the late Bloomington hockey coach Mike Ryan. It names six 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 at 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 blocked 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 that turned into a fight. Whisler grabbed Ryan's facemask before punching Ryan down the stairs as they exited the bar at closing time, the suit says. Ryan sustained a fatal brain injury when he hit his head on the concrete.

One of the suit's four claims is that the defendants are responsible for Ryan's death by not shutting down Whisler's behavior.

Workers "should have known the risk" Whisler presented to patrons, and "failed to provide safe premises" by not 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 alleges that security for the Wild and other defendants had observed Whisler and Ryan arguing 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 called its own security to the bar because of the argument, 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.

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, the father of two children.

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 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.

The suit is seeking damages in excess of $50,000 for each of the claims.

Whisler was initially charged with second-degree unintentional murder in the criminal case, but the charge was dismissed when he pleaded guilty to manslaughter in May. Ryan Garry, Whisler's attorney in the criminal case, declined to comment.

Dennis Gerhardstein, a spokesman for the Ramsey County Attorney's Office, said in a statement that prosecutors believe Whisler deserved prison time.