Grand Forks bar assault lawsuit goes before N.D. Supreme Court

June 21--BISMARCK -- A Grand Forks lawsuit dating back to a woman being assaulted at Muddy Rivers Bar and Grill in 2010 will go before the state Supreme Court Thursday for the second time to determine if a district court erred in ruling the bar's insurance company should provide a $242,000 payout for her injuries and defend the bar in the woman's suit.

Carol Forsman was injured on Feb. 15, 2010, when she was attacked at the Muddy Rivers Christmas Party by a patron she argued the bar should have known was too intoxicated to be served and needed to be removed from the premises.

Forsman's initial lawsuit against Muddy Rivers' parent company, Blues, Brews & Bar-B-Ques Inc., was dismissed as a motion for judgement as a matter of law, meaning the court ruled she lacked sufficient evidence to make her claims.

But in 2012, the Supreme Court reversed and remanded that decision. Forsman and Muddy Rivers then entered an agreement in which the restaurant admitted liability, but said Forsman could only collect from their insurer, United Fire and Casualty Co.

Forsman and United Fire ended up in a subsequent suit, and Grand Forks District Judge Donald Hager ruled in favor of Forsman, ordering the insurer to pay her $249,554. She also won a ruling against the woman who assaulted her, Amanda Espinoza, for $148,000. Espinoza was not criminally charged in the matter.

United Fire has appealed to the Supreme Court on the grounds it should overturn the District Court ruling their general liability policy with Muddy Rivers provided coverage for Forsman's claims against the bar. The company also denies it should be responsible to defend Muddy Rivers in Forsman's suit.

Forsman is the mother of Austin Forsman, who was shot and killed at the Flying-J truckstop in 2016.

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