Trial Lawyer News
Personal Injury Law News
February 20, 2009
Woman's lawsuit against casino settled for $500,000
SAN DIEGO — An El Cajon woman's lawsuit against an Indian tribe that broke new legal ground for personal injury suits against tribes has settled for $500,000.
Celeste Bluehawk slipped, fell and injured her back in 2002 on a newly mopped floor at the Golden Acorn Casino, operated by the Campo Band of Mission Indians.
Her lawsuit eventually led to a ruling by the 4th District Court of Appeal in San Diego. In what was then a first for a state appeal court, the justices intervened in a tribal legal matter and ordered the tribe to take the case to arbitration.
The tribe appealed that 2006 ruling to the state Supreme Court but the court declined to hear the case.
A key to the settlement, said Bluehawk's attorney, Spencer Busby, was a casino videotape showing that warning cones marking the wet floor were not put out by the cleaners until after Bluehawk had slipped.
The videotape was not turned over to Busby by the casino until 2007, he said.
“They were basically refusing any state court jurisdiction over the case for years, then four years into it the videotape shows the cleaning lady putting out the cones after she was down,” he said.
But Steve O'Neal, the lawyer for the tribe, disputed that and said a video of the slip was turned over early on. He said the cleaning woman put up cones, but none in the area where Bluehawk eventually slipped.
Bluehawk had gone to the casino, located off Interstate 8 east of Pine Valley and north of Campo, to gamble early in the morning of Dec. 27, 2002 after completing her shift as a poker dealer at the Viejas casino.
Indian tribes are largely insulated from legal action under the doctrine of sovereign immunity – the right of governments to be shielded from lawsuits. The tribes, as separate governments, are covered by this immunity.
But Campo's gambling compact with the state that spells out the gaming activities at tribal casinos also contains a provision waiving sovereign immunity for certain injury claims. It requires the tribe to have a formal dispute resolution procedure that includes resolving appeals through binding arbitration.
Bluehawk filed a claim with the tribe but its insurance carrier denied it. She then sued in Superior Court in El Cajon and a judge ordered the tribe to submit to arbitration. The appeals court ordered that the case should go to arbitration, but for different reasons than the trial court said.
In any event, O'Neal said that the ruling has not had the impact some observers, who said it could open a door for litigating claims against tribes under the terms of the gambling compacts, said that it might.
Sometimes, personal injury expenses can be overwhelming, and contacting a lawyer becomes necessary.
Dealing with insurance companies can sometimes be difficult. If you are considering an injury case, contact the Houston Personal injury lawyers of the Stephens Law Firm at 713-224-0000
The Stephens Law Firm will represent people anywhere in Texas, or across the United States if the case merits it. The communities we have frequently served over the past 22 years include: Houston, Katy, Beaumont, Liberty, Richmond, Rosenberg, Wharton, Corpus-Christi, Waller, Austin, Brownsville, McAllen, Dallas, and San Antonio. We have extensive experience in the County and District Courts of Harris County, Ft Bend County, Nueces County, Wharton County, Bexar County, Liberty County, and Jefferson County.
[ Back to top ]
Home | About | Practice | Recoveries | News | Questions | Contact | Sitemap