Girard v. Norwich Hotel, LLC

*245MEMORANDUM OF DECISION

GUERNSEY, C.J.

The above-entitled matter was tried in the Gaming Disputes Trial Court as a hearing in damages, with liability conceded by the Defendant. Inasmuch as the Defendant is not a Tribal entity, the Mohegan Torts Code, MTC § 3-241 et seq., is inapplicable, Lubrano v. Brennan Beer Gorman Architects, LLP Et Al., 1 G.D.A.P. 48, 7 Am. Tribal Law 369 (2008), notwithstanding the presence of the Mohegan Tribal Gaming Authority as intervening Plaintiff.

It is uncontested that the Plaintiff, Kenneth P. Girard, now 58 years of age, was, at the time of the accident giving…