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SALT LAKE CITY — The mother of Nichole Olsen is asking Utah courts to order the man accused of shooting her outside a Salt Lake City nightclub to pay money for damages, loss of income and medical bills.
In a lawsuit, Olsen's family claims a man negligently caused her death when he allegedly attempted to fire a warning shot to diffuse a fight but instead shot her and caused her death.
The wrongful death lawsuit was filed at the beginning of March, and more recently the man it was filed against, Dustin Pedersen, asked the court to stay the lawsuit until the end of his criminal case, claiming it would diminish his constitutional rights to let both cases move forward.
Pedersen, 39, of Kanab, is charged with murder, a first-degree felony. Right now, he is released on bail and is scheduled for a trial in August.
Olsen was 29 when she was shot and killed outside The Exchange on Nov. 20, 2022. The family's attorney said one of her friends was inappropriately grabbed by Pedersen, and as a result the club asked Pedersen and his friend to leave.
When Olsen and her friends went to a nearby restaurant, Pedersen and his friends confronted them; Olsen attempted to stop the fight when Pedersen pulled out a gun. The attorneys said he fired and hit Olsen in the chest, and then her friends rushed her to Primary Children's Hospital where she was pronounced dead.
Her mother Brenda Olsen and her son Santino are seeking money to account for the loss of her companionship and income, among other things.
"Nichole's death has left a hole in the heart of our family. Her loss has and forever will cause us tremendous grief and pain," Brenda Olsen said in a statement.
She expressed an intent to fight Pedersen's motion to put the wrongful death lawsuit on hold.
In an official motion, Brenda Olsen argued that federal courts say typically criminal and civil cases should proceed together, and putting one on hold is the exception.
Her attorney, Steven Jensen with Parker & McConkie, said laws can't bring Nichole Olsen back, but they can hold those responsible accountable for her death.
He said the lawsuit "seeks civil accountability and compensation as the best the law can provide in circumstances like these."
Jensen filed a motion at the end of May asking to add Pedersen's friend, David Maynard, as a defendant in the case as well. The motion said he failed to give or request aid, and it also claims Pedersen and Maynard fled the scene.
The motion also said Maynard initiated the confrontation, along with Pedersen.
Pedersen has not yet filed an answer responding to the allegations in the lawsuit, as he is waiting for a ruling from the court on whether the case should be stayed.
