A California couple waited too long to file a lawsuit over an alleged bed bug infestation at the casino owned by the Barona Band of Mission Indians, a state appeals court ruled.
Robert and Gloria Chisley filed a claim with the tribe's insurance company after they said they suffered bites and other injuries from bed bugs at the Barona Casino.
The claim was denied and the couple timely appealed to tribal court.
But the couple didn't file a lawsuit in state court until August 2007, two years after their August 2005 stay at the casino. The case was dismissed in November 2007 when the tribe successfully raised a sovereign immunity defense.
Around the same time, the tribal court dismissed the appeal of the insurance claim. It doesn't appear that the couple pursued further tribal remedies.
Subsequently, the Chisleys filed a different lawsuit in state court in March 2009. This one named Orkin Exterminating Company and an Orkin employee as defendants.
The couple asked the California Fourth District Court of Appeals to ignore the long delay because they said they were exhausting their tribal remedies.
But Orkin and the employee were never a part of the tribal case and weren't part of the first state court case.
"Here, as we have noted, no claims against Orkin and [employee] were ever
made in tribal court and the claims made in the trial court were made three and one-half
years after the Chisleys were bitten," the court said in an unpublished opinion on Wednesday.
"In sum then, tribal exhaustion does not apply here because there was no conflict in
jurisdiction with the tribal court and in any event tribal exhaustion does not excuse a
plaintiff's failure to file a timely claim in a proper forum," the court said.
Get the Story:
Bed bug lawsuit not on time
(San Diego Public Policy Examiner 7/21)
California Fourth District Court of Appeals Decision:
Chisley V. Orkin Exterminating Company (July 20, 2011)
Advertisement
Tags
Search
More Headlines
Catawba Nation continues work on controversial casino in North Carolina
Gaming initiatives backed by tribal corporation faces uncertain future
Chuck Hoskin: Renewed gaming compacts ensure a brighter future for Oklahoma
Republican governor suffers another setback in dealings with tribes in Oklahoma
Cronkite News: Gila River hotels, casinos close for two weeks after worker death
Cronkite News: Curfew curtailing casinos? Don’t bet on it, owners say
'We are thrilled': Flandreau Santee Sioux Tribe hails victory for sovereignty
Tribes sue Trump administration after being excluded from coronavirus relief program
Donovan White: Standing up for Native Americans and Native American jobs
'Finally': Tribal gaming in line for coronavirus relief amid stiff competition for resources
Oregon tribes’ primary engines – casinos – stalled by COVID-19
Gaming initiatives backed by tribal corporation faces uncertain future
Chuck Hoskin: Renewed gaming compacts ensure a brighter future for Oklahoma
Republican governor suffers another setback in dealings with tribes in Oklahoma
Cronkite News: Gila River hotels, casinos close for two weeks after worker death
Cronkite News: Curfew curtailing casinos? Don’t bet on it, owners say
'We are thrilled': Flandreau Santee Sioux Tribe hails victory for sovereignty
Tribes sue Trump administration after being excluded from coronavirus relief program
Donovan White: Standing up for Native Americans and Native American jobs
'Finally': Tribal gaming in line for coronavirus relief amid stiff competition for resources
Oregon tribes’ primary engines – casinos – stalled by COVID-19
Indian Gaming Archive