Compacts | Litigation

Santa Ana Pueblo fights wrongful death case against casino

Monday, November 7, 2011

Santa Ana Pueblo in New Mexico has filed a lawsuit in federal court in hopes of blocking a wrongful death case against its casino.

The tribe says the Indian Gaming Regulatory Act protects its sovereignty. The lawsuit argues that the wrongful death case belongs in tribal court not state court.

The case arose when two patrons who were served liquor at the Santa Ana Star Casino became intoxicated and were killed in a single-car accident. Their family says the tribe is liable for the deaths of siblings Michael Mendoza and Desiree Mendoza.

A state judge initially sided with the tribe. But the New Mexico Supreme Court in June ruled that the Class III gaming compact allows jurisdiction over "dram shop" actions in state court.

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

Get the Story:
Santa Ana Crash Case Tossed (The Albuquerque Journal 11/7)

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

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