Yellowknife (Dec 17/04) - The companion of a Yellowknife man who died following a bar scuffle two years ago, has launched a lawsuit against several bouncers and bar owner Sam Yurkiw.

In court papers, Mildred Burns claims staff at the now-defunct Cave Club used "excessive force" when they subdued Henry Van Vulpen after he stumbled into the bar while heavily intoxicated, on Nov. 3, 2002.

Burns is suing Gold Range Investments, its owner Yurkiw and five former Cave Club staff members, saying Van Vulpen was kicked, punched and allowed to fall on his head during the altercation.

While witness accounts from the time varied, Van Vulpen died later that night from a brain hemorrhage caused by a ruptured artery, court documents say.

A subsequent medical examination revealed Van Vulpen had a blood-alcohol level of 0.33 -- more than four times the legal limit for driving.

Nearly a year later, a coroner's report determined his injuries were caused by a blow to the head suffered when Van Vulpen was removed from the Cave by bouncers. Van Vulpen's elevated blood-alcohol level may have contributed to his death, the coroner said.

None of the bar staff were charged in connection with the incident. At the time police said there was not enough evidence to support a charge of criminal negligence.

In addition to claiming bouncers used excessive force, Burns says other staff did not do enough to stop the scuffle and help Van Vulpen who was "unable to defend himself."

The lawsuit, filed Oct. 14, 2004, does not specify how much money Burns is seeking.

Angie Fardella, manager of the Gold Range, said part-owner Richard Yurkiw would not comment on the case while it was before the courts. The lawyer for Mildred Burns, Adrian Wright, did not return a request for an interview.