Amada Harrison, as Administrator of the Estate of Benjamin C. Harrison v. Pci Gaming Authority D/b/a Creek…

Summary

The court reversed the dismissal of Harrison's claims against the tribal defendants, holding that tribal immunity did not bar a tort action alleging that tribal entities negligently or wantonly served alcohol to a visibly intoxicated patron when the plaintiff had no opportunity to bargain for a waiver and no other avenue for relief. The court remanded for the circuit court to determine whether the tribal or state courts possess adjudicative subject-matter jurisdiction, including in light of the location of the accident and Alabama's alcohol-regulation scheme. No separate opinions were filed.