Tulsa World: Court: Tribe not immune from crash suit

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Court: Tribe not immune from crash suit

By MICK HINTON World Capitol Bureau
Published: 2/6/2008 1:55 AM
Last Modified: 2/6/2008 1:55 AM

OKLAHOMA CITY -- The Oklahoma Supreme Court ruled Tuesday that an American Indian tribe is not immune from a lawsuit in a case in which a driver who left a casino, allegedly drunk, reportedly caused a fatal traffic accident.

The court's decision reverses a lower court ruling that had dismissed a civil lawsuit against the Absentee Shaw nee Tribe. The tribe contended that it had "tribal immunity" in the case, which alleged that a defendant was "obviously intoxicated" when he left the Thunderbird Entertainment Center and caused a traffic accident.

The civil case, filed in Pottawatomie County, alleged that Valentine Bahe, along with Val Tsosie, who owned the vehicle that Bahe was driving, were responsible for injuries suffered by Shatona Bittle in an April 30, 2004, accident.

Bahe was killed in the collision.

Bittle said she was injured when the vehicle driven by Bahe crossed the median and hit her vehicle head on.

Tsosie was not injured, according to the lawsuit.

The plaintiff alleged that both defendants were intoxicated at the time of the crash.

A Pottawatomie County district judge concluded that a private person could not sue the tribe or the casino.

The Oklahoma Court of Civil Appeals agreed, prompting the plaintiff to appeal to the state Supreme Court.

Seven of the high court's nine justices reversed the lower court ruling Tuesday and remanded the case to district court for further proceedings.

Chief Justice Joseph M. Watt, concurring in the decision, said the court's ruling does not determine whether the tribe and casino are liable in this case.

He said the tribe waived its sovereign immunity by agreeing to be bound by Oklahoma law, which licensed the casino to sell liquor by the drink.

"Therefore, the determination that the tribe is subject to suit in Oklahoma courts rests squarely within Oklahoma law," Watt said.

Alyssa Campbell, a lawyer with the tribe's Attorney General's Office, said Tuesday that the case is complicated by the fact that Bittle had filed a separate lawsuit with the tribal court when her case was rejected by the Pottawatomie County court.

Campbell also said that as the case moves to the stage of trying the facts, evidence will show that Bahe and Tsosie were not in the casino before the accident.

Mick Hinton (405) 528-2465
mick.hinton@tulsaworld.com

By MICK HINTON World Capitol Bureau

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	Report Comment E, Pryor (2/6/2008 2:32:16 AM) first post yeah!!
	Report Comment The Oracle, Tulsa (2/6/2008 2:56:03 AM) Oh No! Do we see an example of the absentee Shawnee tribe breaking a treaty agreement.The tribe agreed to be subject to Oklahoma law.
	Report Comment M Vondall, Grand Forks (2/6/2008 8:58:51 AM) I don't see how this was possible? Are they saying the tribe agreed to Oklahoma laws regarding liquor when they applied for a liquor license with the state? That means they waived their sovereign immunity rights with regard to liquor being served at the casino? Crazy! I dunno how this would hold up in Federal Court. It would really take looking into the liquor license itself, and any state/tribal compacts regarding the liquor license...interesting and disturbing!
	Report Comment hrw, tulsa (2/6/2008 9:02:23 AM) The last paragraph is the argument. They were not at the casino prior to the accident. She's trying to scalp the tribe to reap a heap of money with no grounds. Good luck to all.
	Report Comment hrw, tulsa (2/6/2008 9:02:34 AM) The last paragraph is the argument. They were not at the casino prior to the accident. She's trying to scalp the tribe to reap a heap of money with no grounds. Good luck to all.
	Report Comment hrw, tulsa (2/6/2008 9:02:51 AM) The last paragraph is the argument. They were not at the casino prior to the accident. She's trying to scalp the tribe to reap a heap of money with no grounds. Good luck to all.
	Report Comment Steve, (2/6/2008 9:14:18 AM) hrw that is what the tribe is claiming but if you followed this case you know that the liquor was consumed at the casino. The fact that some short period of time between the accident and them leaving the casino transpired is a pretty weak defense don't you think?
	Report Comment hrw, tulsa (2/6/2008 9:36:12 AM) The tribe shouldn't even be involved. If they are heavy drinkers or known alcoholics, they probably had other forms of alcohol with them, another good argument. She is trying to blame the wrong party in my opinion. You need the facts just like I would.
	Report Comment Brian, Tulsa (2/6/2008 9:37:50 AM) I still dont agree with punishing the establishment for some one getting drunk in their place. This is a matter of personal resposibility.
	Report Comment jmarino, Goleta (2/6/2008 9:49:11 AM) The court created doctrine of legal immunity for Indian tribes, was never intended to give tribes and their businesses, open to the public, an immunity for any misconduct that occurs. (see the 1998 Supreme Court case of Kiowa tribe of Okla. versus Manufacturing Technologies). The court suggested that Congress amend existing law to change the common law. In the case of liquor laws, all state liquor laws apply to Indian businesses the same as everyone else. (see 18 U.S.C. 1161(
	Report Comment ahd, tulsa (2/6/2008 11:29:13 AM) Easy jmarino, you're bringing fact and logic into a TW discussion board. This is a place for uninformed opinion sharing. You're venturing into uncharted waters.
	Report Comment me, here (2/6/2008 11:57:51 AM) Yes, jmarino. You are in danger of getting the "Fifty Treatment".
	Report Comment FORMER EMPLOYEE, (2/6/2008 12:49:14 PM) After suffering an on the job injury, I needed to file a worker's comp claim. However, this tribe didn't want to help me, leaving me no option but to obtain an attorney to file the claim for me. The claim was filed and upon appearing in court, the tribe asserted their independence from outside government. All prior comp claims by their employees had been filed with Oklahoma Worker's. Apparently the tribe changed this process and asserted their sovereign immunity releasing them from following comp laws. Now the tribe basically holds their own court, in a manner of speaking. Employees submit their claim and they decide whether or not the employee is entitled to assistance. Because I had filed my claim through the Oklahoma Claims, I was then told I was no longer entitled to file a claim, much less receive any medical attention, despite the fact that employee were informed of this change and claims were being filed as it had been done in thepast. The bottom line- This tribe's employees are not covered by any worker's comp, since they can unilaterally decide whether or not claims will be acknowledged.
	Report Comment sara , Okmulgee (2/6/2008 3:32:36 PM) What is going to happen now? Can we sue the liquor store who lets us buy to much liquor when we get drunk, drive, and kill someone? I think not!
	Report Comment Bob, Owasso (2/6/2008 3:55:00 PM) There are cases where liquor stores have been sued for someone buying liquor in their store while intoxicated and have an accident. If you sell beer or liquor to someone who is already intoxicated you are liable.
	Report Comment Stephen, Tulsa (2/6/2008 4:09:33 PM) Yep must be the casinos fault that the guy made a horrible decision. I think the lady is just grasping at straws to try and get rich quick. Oh and i hope she realizes that casinos dont exactly have ummm lets just say inexperienced lawyers.
	Report Comment Addison, Norman (2/6/2008 4:29:11 PM) I think all of you need to be careful what you are saying. Maybe the lady deserves something from the awful accident that she was injured in. The state law states that there is no drinking past 2am as well if you are clearly intoxited then the facility must take liablity to their actions. I am sure if the lady didnt have evidence then the supreme court would have thrown it out.
	Report Comment Laura, Asher (2/6/2008 4:33:11 PM) The lady deserves to win!!! I am sure after an accident like that she has a ton of debt. Go Bittle!!!
	Report Comment JC, PAMPA, TX (2/6/2008 5:36:20 PM) I agree with hrw, we need more info on this story. Being of Otoe heritage I've taken great pride in the accomplishments that the tribe has made in their economic ventures and yes that includes our casinos. The soverign tribes need to further their knowledge on this story. The outcome could challenge how we conduct our tribal econmic ventures. Wake up soverign people, sounds like there could be a "BATTLE CRY" in this story!!!
	Report Comment Deborah, Tulsa, Ok (2/6/2008 5:45:45 PM) I do not believe any company should be held accountable for someone that drinks at it. That is ridiculous. If a person drinks one drink, they should not be driving, so theortically anyone with 1 drink that goes out and hits someone could be sued. Ridiculous. It is the person drinking that should be held accountable b/c they are the one making the decision to get behind the wheel.
	Report Comment Ted Kennedy Swimming, Martha's Vinyard (2/6/2008 6:48:27 PM) #1. What's the BFD about being number one when that's all you post? I've been number 1 on a lot of posts, but I do leave a comment. Do you want a blue ribbon? I'm new at Indian Bingo, do they serve alcohol or is it BYOB?
	Report Comment aspenflower, Taos (2/6/2008 10:37:42 PM) Should this apply to all the Casino's on all reservations in Indian Country. When liquor is served in many of these casinos each tribe has to take responsibility regardless of many of the accidents resulting from serving liquor. Why hide behind sovereign immunity. No one forced them to make a decision to sell alcohol when most native tribes have a problem with alcoholism. I guess they want to kill their own people. Whoever is involved in the decision making process knowingly and intentionally makes that kind of decision and therefor have to suffer the consequences. Tribes give up their rights by getting a state liquor license. Yes, they need to be held accountable
	Report Comment To aspenflower, Taos, (2/7/2008 12:12:50 AM) #22, aspenflower, Taos So if someone stops by your house some hot afternoon and you give them a beer, afterwhich, they leave and hurt somebody in an accident, then you will take resonsibility for all the damages they caused? For some reason, I don't think you would. I think you would protest by saying the individual causing the accident would be at fault. What about cell phone users that cause accidents? Should AT&T pay for the damages?
	Report Comment wild savage, Oklahoma (2/7/2008 1:34:12 AM) I think we should blame the whiskey peddlers' descendants for bringing the scourge of alcoholism to the indians on reservations. As far as I know my tribe never brewed alcoholic beverages. It was the (wasichus) dakota for white man who brought alcoholic drinks to this country. The state of oklahoma if anyone should be held responsible more so than the absentee shawnees for granting a liquor license to the tribe. If the state of oklahoma is going to grant liquor licenses to tribes they should be held responsible more so than the tribes. If this wasichu gets drunk he or she probably had a liquor bottle in their vehicle and was taking clandestine sips if not being drunk before they came to the casino. As far as I recollect from my collegiate us government class in which I received an A. those back highways by thunderbird casino are supposed to be policed by the oklahoma highway patrol who are supposed to arrest drunk drivers. It's not the absentee shawnee's job to police drunk drivers run amok on the streets and highways of oklahoma. This is just a plea by a poor wasichu trying to blame a native american tribe for their drinking problem and poor judgement to gain a lot of money. That poor person needs to accept responsibility for their actions and stop playing the blame game to get some money.
	Report Comment wmcol, Tulsa (2/7/2008 8:08:12 AM) Very complicated. Some rights can't be waived. And what does it mean "not in the casino before the accident"? Immediately before? hours before? In some part not considered casino but part of property? Had never been in casino? Went somewhere else before accident?

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