Bluefin shooter, business named in wrongful death lawsuit

Kirk Lee Bigby is back in the news.

Bigby is the man convicted of second-degree murder after the shooting death of a card dealer at Bluefin Bay Resort in 2015. The return to local news comes as Bigby and his former employer, Bluefin Bay Resort in Tofte, have been named in a civil action wrongful death lawsuit.

The lawsuit was filed by attorneys representing 12 members of Marcus Lee Roberts’ family. Roberts is the man Bigby shot during a holiday party at Bluefin Bay Resort Dec. 9, 2015. At Bigby’s August 2017 sentencing, a number of Roberts’ family members gave emotional and poignant victim impact statements. At that hearing, Bigby was sentenced to 12 ½ years in prison, where he remains at this time.

The scene at the Cook County Courthouse this week was much more business-like and included just lawyers for the two parties – Richard J. Leighton for Bluefin Bay and Paul A. Thompson representing the victim’s family.

The purpose of the hearing was for Judge Michael Cuzzo to hear a motion for summary judgement from the plaintiffs, Dennis Rysdahl and Bluefin Bay properties. The motion asks for dismissal of the case due to the lack of material facts.

Bigby was not present at the Oct. 29 hearing, nor were any attorneys on his behalf. Rysdahl was also not present Tuesday.

Count one against Rysdahl and the resort is for dram shop violations. Minnesota is one of 43 states that allow an injured person to hold an alcohol vendor liable for selling alcohol to someone who causes an accident or harm. Under Minnesota’s Dram Shop Law, a bar, liquor store or other establishments can be held liable for the actions of an intoxicated person they served.

The court filing states that Bluefin Bay employees illegally sold and served intoxicating liquors to Bigby, an “obviously intoxicated person” at an employee holiday party.

According to court documents, Bigby had a blood alcohol content of .24 (three times the legal limit for driving) at the time of his arrest. The Roberts’ family lawsuit states that while under the influence, Bigby “shot and killed decedent without provocation and at point blank range.”

The filing also refers to use of marijuana and alleges that Bluefin Bay management was aware of that illegal drug use.

The second count against Rysdahl and Bluefin Bay is for wrongful death. The court filing states that as the employer with “direct hiring, management control and supervision responsibilities” for Bigby, Bluefin Bay acted negligently and recklessly by permitting its employee to “store, carry and possess firearms on the resort property, including a loaded handgun on his person.”

The court filing states that by doing so, Bluefin Bay created an “unreasonably hazardous condition for the invited guests under their care and control.” The court complaint states that the death of Roberts was caused solely and exclusively by that negligence.

The lawsuit declares that the next-of-kin relatives named in the lawsuit have “suffered, and will suffer in the future, from a loss of contributions, dependence, support, counsel, guidance, aid, comfort, assistance, companionship, and protection.”

The filing seeks attorney and witness fees and a judgement against defendant Bluefin Bay “in excess of $50,000,” as well as “other and further relief as the court may deem just and equitable.”

Attorneys for Rysdahl and Bluefin Bay Resort filed an answer denying the charges in the complaint, which led to the hearing Oct. 29, at which Bluefin Bay’s attorney explained the reasons the North Shore resort wanted charges dismissed.

For the plaintiffs, Thompson stressed a lack of training for Bluefin Bay alcohol servers, a lack of security consultation for the resort, a lack of security personnel at the holiday party in question, and no posted notice that weapons are not allowed.

Additionally, because after his arrest, Bigby told police he had carried his handgun in a Bluefin Bay vehicle while conducting daily duties at the resort and that he had used marijuana with other employees, Thompson claimed Bluefin Bay management should have had “reasonable foreseeability” that someone could have been harmed by Bigby.

For his clients, Leighton argued that the matter of Bigby’s intoxication is based on the opinion of the responding sheriff deputies. He stated that it is not known how much Bigby had to drink prior to the shooting, and after when he was back in his room before his arrest. He said there was no evidence that anyone at Bluefin Bay knew Bigby carried a handgun. And although there were statements that he went to a firing range and drank beer, that does not equate to “reasonable foreseeability.”

Judge Cuzzo questioned that point. He asked Thompson if there was any specific evidence that anyone at Bluefin Bay knew Bigby was carrying a weapon at the holiday party.

Thompson said no, but said that was the problem. He said there was no way bartenders serving a hundred people would be able to identify someone carrying a weapon. Thompson said if a bouncer had been on scene, that person might have been able to prevent the shooting.

After that answer, Cuzzo thanked the attorneys and took the motion for summary judgement under advisement. The judge has 90 days to issue an order. He could issue a ruling to dismiss any or all charges or to proceed to trial. The civil suit is currently on the Cook County court schedule for jury trial on March 30, 2020.

As WTIP reported in the past, on the night of the 2015 shooting, Bigby admitted he was heavily intoxicated, drinking an abundance of alcohol as well as smoking marijuana. Bigby said he was carrying a .45 pistol the night of the party, firing one shot from the gun at Roberts during a brief physical altercation. Bigby said other firearms were also present in his room at Bluefin the night of the party.

Roberts was hired to work as card dealer the night of the shooting at Bluefin during the resort's holiday staff party.