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FILER v. TOHONO O'ODHAM NATION GAMING

No. 2 CA-CV 2005-0129.

129 P.3d 78 (2006)

212 Ariz. 167

Gary FILER, a widower, on his own behalf, and also separately for and on behalf of all surviving statutory wrongful death beneficiaries of Barbara Linehan, deceased, including Alexandra Filer, surviving daughter, and Linehan Filer, surviving daughter, Plaintiff/Appellant, v. TOHONO O'ODHAM NATION GAMING ENTERPRISE, dba Desert Diamond Casino; and Eugene Rose, liquor license holder for the Tohono O'Odham Nation Gaming Enterprise dba Desert Diamond Casino, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department A.

February 28, 2006.

Attorney(s) appearing for the Case

Goldberg & Osborne, By David J. Diamond and D. Greg Sakall, Tucson, for Plaintiff/Appellant.

Jones, Skelton & Hochuli, P.L.C., By Eileen Dennis GilBride, Daniel J. Quigley, Phoenix, Tucson, for Defendants/Appellees.

OPINION

PELANDER, Chief Judge.

¶ 1 Plaintiff/appellant Gary Filer filed this personal injury and wrongful death action in superior court against the Tohono O'odham Gaming Enterprise ("Gaming Enterprise"), doing business as Desert Diamond Casino, and several of its employees. On the Gaming Enterprise's motion, the trial court dismissed the action, ruling it "lack[ed] jurisdiction to hear the matter" because the Gaming Enterprise "ha[d] not waived...

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