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COOK v. AVI CASINO ENTERPRISES, INC.

No. 07-15088.

548 F.3d 718 (2008)

Christopher COOK; Leidra Cook, Plaintiffs-Appellants, v. AVI CASINO ENTERPRISES, INC., a corporation; Ian Dodd; Juan Majias; Stephanie Shaik; Debra Purbaugh; Andrea Christensen, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 14, 2008.

Attorney(s) appearing for the Case

Bradley L. Booke, Moriarity Badaruddin & Booke, Las Vegas, NV, for the plaintiffs-appellants.

Theodore A. Julian, Jr., Burch & Cracchiolo, P.A., Phoenix, AZ, for the defendants-appellees.

Opinion by Judge GOULD; Concurrence by Judge GOULD; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

GOULD, Circuit Judge:

Plaintiff Christopher Cook ("Cook"), a California resident, seeks recovery for damages suffered as a result of a motor vehicle accident in which, while on a motorcycle, he was hit by a drunk driver. The driver was an employee of defendant Avi Casino Enterprises, Inc. ("ACE"), a tribal corporation, and she allegedly became intoxicated at an Avi Casino function. Cook sued the tribal corporation and several of its employees, alleging negligence...

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