Casino suit to go back to district court
Casino suit to go back to district court

By Bryan Dean
Published: February 6, 2008

A woman who said she was hit by a drunk driver who was served alcohol at a tribal casino can sue the tribe for damages, the Oklahoma Supreme Court ruled Tuesday.

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The court ruled 7-2 to overturn decisions by a district court and the Oklahoma Court of Civil Appeals that dismissed Shatona Bittle's lawsuit against the Absentee Shawnee Tribe of Oklahoma and Thunderbird Entertainment Center.

The tribe claimed it was immune from civil prosecution in the case because of its sovereign status.

But the majority of the court ruled the tribe's immunity from civil prosecution in state court does not apply to cases involving liability related to the sale of alcohol.

Bittle was injured in a 2004 wreck on State Highway 9 in Pottawatomie County. Her car was hit by another car owned by Val Tsosie of Shawnee. Tsosie's car was driven by Valentine Bahe of Shawnee. Bahe, 21 at the time, died in the wreck.

Bittle's suit claims Bahe and Tsosie were drinking at Thunderbird Casino before the wreck and that casino employees served alcohol to Bahe when he was clearly intoxicated.

The tribe claims Bahe and Tsosie were not at the casino the night before the wreck. They also claim the casino's bar closed at 2 a.m., more than five hours before the 7:15 a.m. wreck.

Court rulings

A Pottawatomie County court dismissed the claims against the tribe and casino after the tribe claimed the state had no jurisdiction in the case.

The civil appeals court upheld the dismissal.

Oklahoma Supreme Court Justice Steven Taylor, writing for the majority in Tuesday's decision, said Congress has enacted laws which require tribes to comply with state law regarding the sale of alcohol.

The court also ruled the tribe waived any immunity by applying for a state alcohol license.

The court's decision means the case will go back to district court in Pottowatomie County.