Lawsuit coming against Chisholm in shootingsReports of a lawsuit filed against the city of Chisholm were premature, but the city has been put on notice, according to the lawyer for the Cale Nelson family.
By: John Lundy, Duluth News Tribune
Reports of a lawsuit filed against the city of Chisholm were premature, but the city has been put on notice, according to the lawyer for the Cale Nelson family.
Nelson was one of the victims in a shooting on March 6 at Jim’s Sports Bar in Chisholm. Edward J. Walberg Jr. was killed in the shooting, and Nelson was critically injured. A third man, Larry Elj, was treated for a wound in the shoulder.
Media reports on Tuesday attributed Chisholm Mayor Mike Jugovich as having stated the Nelson family had filed a lawsuit against the city.
But Larry Stern, a Minneapolis lawyer representing the family, said there was no lawsuit. Instead, the city, the bar and the Chamber of Commerce, which sponsored the event that was under way when the shootings took place, all have been put on notice.
That fulfills statutory requirements as a precursor toward any litigation that is filed. Stern said that could happen sometime within the next few months.
Former police officer Jason Mark Musburger, 47, who is accused of the shootings, has been charged with second-degree murder, two counts of attempted first-degree murder, one count of attempted second-degree murder, harassment or stalking and violation of a restraining order. He is being held in St. Louis County Jail on $2 million bond.
Nelson, who was treated at St. Mary’s Medical Center in Duluth, is recuperating at home after being discharged on April 7. Stern said he is leaving comments on Nelson’s condition to his family, except to say, “He has lots of health issues. He’s not in good shape.”
Jugovich did not return a phone call on Tuesday. Chamber of Commerce Executive Director Shannon Kishel-Roche referred a reporter to the chamber’s insurance adjustor, John Eaton, who did not return a call. A woman who answered the phone at Jim’s Sports Bar declined to comment. A call to the Nelson family was not returned.