Graves v. White Mountain Apache Tribe of Fort Apache Indian Reservation

OPINION

DONOFRIO, Judge.

This is an appeal by the plaintiffs below from the trial court’s order granting a motion to dismiss their complaint with prejudice. The complaint was filed by the plaintiffs against The White Mountain Apache Tribe of Fort Apache Indian Reservation, an Indian Nation d/b/a Fort Apache Timber Company, Continental Insurance Company, a New York corporation and Hal Butler and his wife Peggy Butler, all defendants below.

We are called upon to determine whether the trial court erred in its ruling by applying the doctrine of tribal immunity to bar plaintiffs’ cause of action…