Law

Law Article: Stockbridge-Munsee Tribe wins immunity case





"A man who slipped and fell in the parking lot of a golf course owned by the Stockbridge-Munsee Community Indian Tribe cannot sue the Tribe or the Tribe’s insurer, a state appeals court recently concluded.

In Koscielak v. Stockbridge-Munsee Community, 2011AP364 (Feb. 14, 2012), the District III Wisconsin Court of Appeals relied on the general rule of immunity for tribal businesses and rejected plaintiff Robert Koscielak’s claim that tribal immunity did not apply in this situation.

In 2008, Robert Koscielak slipped on ice in the parking lot at Pine Hills Golf Course & Supper Club (Pine Hills) in Gresham. He sustained injuries requiring hospitalization. A federally-recognized Indian tribe, the Stockbridge-Munsee Community purchased Pine Hills in 1993."

Get the Story:
Tribal immunity bars plaintiff’s lawsuit in tort case, appeals court says (State Bar of Wisconsin 2/20)

Wisconsin Court of Appeals Decision:
Koscielak v. Stockbridge-Munsee Community (February 14, 2012)

Related Stories:
State court backs Stockbridge-Munsee's sovereign immunity (2/15)

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