Wrongful death case against Pueblo casino heads to state court

Thursday, June 30, 2011  

Santa Ana Pueblo in New Mexico will have to answer to a wrongful death lawsuit in state court.

The tribe served liquor to two patrons at the Santa Ana Star Casino who became intoxicated and were killed in a single-car accident. Their family says the tribe is liable and the New Mexico Supreme Court agreed that the Class III gaming compact allows jurisdiction in state court.

"“It’s the first time this issue came up in the context of a dramshop claim against a casino," plaintiff’s attorney David Plotsky told The Albuquerque Journal.

The Oklahoma courts have allowed similar lawsuits against tribal casinos. A similar case in Connecticut was settled before trial.

Get the Story:
Family Can Pursue Wrongful Death Suit (The Albuquerque Journal 6/30)

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

Related Stories:
New Mexico court allows dram shop case against tribal casino (6/29)