Court intervenes in slip and fall Indian casino lawsuit

By Brittany Golledge

Published on March 24, 2006

The suit came about after a Golden Acorn patron, Celeste Bluehawk, injured her back following a slip on the casino floor. Bluehawk filed suit after the Campo Indian Tribe's insurance company denied her claim, but the case was dismissed in a lower court when the tribe claimed sovereign immunity.

In 2005, Bluehawk filed a second claim in state court, and a judge ordered arbitration, requiring the Golden Acorn Casino to abide by a gambling compact signed with the State of California.

Attorneys for the tribe argued that the compact contains a waiver that creates an exception for personal injury lawsuits. Bluehawk's attorneys pointed out that the Indian tribes of California had developed a practice of denying injury claims outright, and the gambling compact created between the tribes and the state did not put them "above the law."

The ruling is being viewed as a victory for plaintiffs seeking to file claims against Indian Casinos in state court.

Campo Tribe attorneys have announced their intention to appeal on grounds that Bluehawk failed to request arbitration in a timely manner.

Comment on this article →