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HOULE v. SCHOOL DIST. OF ASHLAND

No. 03-0020.

267 Wis.2d 708 (2003)

2003 WI App 214

671 N.W.2d 395

Randy HOULE and Rhonda Houle, individually, and their minor son, Dustin Houle, by and through them as Guardians, Plaintiffs-Respondents, v. SCHOOL DISTRICT OF ASHLAND, BCI Burke Company, LLC, EMC/Employers Mutual Company, Travelers Property Casualty and Student Assurance Services, Inc., Defendants, BAD RIVER BAND OF LAKE SUPERIOR TRIBE OF CHIPPEWA INDIANS, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 30, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Erick J. Arnold and Bad River Band of Lake Superior Tribe of Chippewa Indians of Odanah.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of David J. Malban of Duluth, MN.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.

The Bad River Band of Lake Superior Tribe of Chippewa Indians appeals an order determining that the Rimes made whole doctrine applies to prevent its recovery of health care costs paid on behalf of tribe member Dustin Houle. See Rimes v. State Farm Mut. Auto. Ins. Co., 106 Wis.2d 263, 316 N.W.2d 348 (1982). Bad River contends that federal law authorizes recovery...

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