A married couple whose husband fell and hurt himself in the Navajo’s Northern Edge Navajo Casino must seek redress in the tribal court rather than suing in New Mexico’s court system.
A three-judge panel of the 10th Circuit Court of Appeals ruled unanimously last week that the Indian Gaming Regulatory Act nor the tribal state gaming compact would allow Harold and Michelle McNeal to sue in state court.
The case originated in a New Mexico district court after McNeal slipped on a bathroom floor in 2012, suffering injuries. He blamed casino negligence.
The McNeals must now appeal to the Navajo tribal system, which is the largest Indian court system in the United States.
The Appeals Court ruled: “Accordingly, a determination by this court that IGRA does not authorize the jurisdiction-shifting provision of the New Mexico-tribal gaming compacts is required to settle this matter in accordance with IGRA’s plain language and Supreme Court precedent.
