A California appeals court has dismissed a lawsuit against the Barona Band of Mission Indians.

The tribe's Class III gaming compact contains a limited waiver of immunity. Casino patrons may pursue negligence claims to the tribe's insurer and can appeal any decisions in tribal court.

Nellie and Keith Lawrence sued over a fall Nellie sustained at the Barona Valley Ranch Resort and Casino. The couple was rejected by the insurer and the tribal court.

The couple turned to the state courts but the Fourth District Court of Appeal, Division One, said the compact doesn't authorize the suit. The court also rejected claims of due process violation by the tribal process [PDF: Lawrence v. Barona Valley Ranch Resort and Casino].

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Appeals Court Rejects Attack on Indian Tribe’s Immunity (The Metropolitan News-Enterprise 8/7)