New Mexico court allows dram shop case against tribal casino

Wednesday, June 29, 2011  

The family of two siblings who were served liquor at the Santa Ana Pueblo casino can sue the tribe for their deaths, the New Mexico Supreme Court ruled on Tuesday.

Michael and Desiree Mendoza were killed in a single car accident in July 2006. Their family contends they were served liquor at the Santa Ana Star Casino despite being clearly intoxicated.

The tribe claimed exclusive jurisdiction to hear the family's wrongful death lawsuit under its federally-approved liquor ordinance. But the court said the Class III gaming compact authorizes state court jurisdiction in dram shop cases.

"The compact provides for state court jurisdiction for a discrete set of claims: those brought by persons who suffer 'bodily injury or property damage proximately caused by the conduct of' the tribal entity authorized to conduct gaming pursuant to the compact," the court said in the unanimous decision.

The court did not rule on the merits of the lawsuit.

Get the Story:
NM court allows lawsuit against tribal casino for serving alcohol to intoxicated siblings (AP 6/28)

New Mexico Supreme Court Decision:
Mendoza v. Tamaya Enterprises (June 28, 2011)