Tohono O'odham Nation casino protected from suit

Monday, March 6, 2006  

The Tohono O'odham Nation's casino can't be sued for serving too much alcohol to an intoxicated person, the Arizona Court of Appeals ruled on February 28.

The Desert Diamond Casino was granted a liquor license by the state. Normally, that means the casino could be held liable for serving liquor to someone who is "obviously intoxicated."

But a three-judge panel of the court said the tribe didn't waive its sovereign immunity. So a man whose wife was killed when his car was hit by a drunk driver who had been served at the casino can't sue the casino.

The case is Filer v. Tohono O'odham Nation Gaming Enterprise.

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Appeals Court supports O'odham in alcohol suit (Capitol Media Services 3/4)