Todecheene
Ford Motor Co. v. Todecheene
Opinion
Opinion
I. FACTS AND PROCEDURAL HISTORY
Tragically, Esther Todecheene, an on-duty law enforcement officer employed by the Navajo Department of Public Safety, died when her Ford Expedition patrol vehicle rolled over while she was driving on a dirt road within the Navajo Nation. Ford Motor Co. v. Todecheene, 221 F. Supp. 2d 1070, 1072 (D. Ariz. 2002). The road is a reservation road, maintained by the Tribe. There is no federal or state right-of-way, and the road is not located on non-Indian fee land.
The cause of the rollover accident is disputed. Ford asserts that Todecheene was not wearing a seatbelt. Esther’s parents, the Todecheenes, counter that the Ford Expedition was defec- tive and the seatbelt was not working properly.
The Todecheenes sued Ford in Navajo tribal court alleging that the Ford Expedition, designed and manufactured in Mich- igan, was defective and unreasonably dangerous in design or manufacture. Ford answered the complaint, denying the alle- gations. Ford also challenged the tribal court’s subject matter jurisdiction over the action and personal jurisdiction over Ford, and removed the case to federal court.1 The district court subsequently remanded the matter…
Lead Opinion
Rawlinson, J.
In this case, we ascertain the extent to which a tribal court may exercise jurisdiction over a products liability action arising out of an accident occurring on tribal trust land. Because we conclude that the tribal court lacked jurisdiction over Ford Motor Company (Ford), we AFFIRM the district court.
I. FACTS AND PROCEDURAL HISTORY
Tragically, Esther Todecheene, an on-duty law enforcement officer employed by the Navajo Department of Public Safety, died when her Ford Expedition patrol vehicle rolled over while she was driving on a dirt road within the Navajo Nation. Ford Motor Co. v. Todecheene, 221 F.Supp.2d 1070, 1072 (D.Ariz.2002). The road is a reservation road, maintained by the Tribe. There is no federal or state right-of-way, and the road is not located on non-Indian fee land.
The cause of the rollover accident is disputed. Ford asserts that Todecheene was not wearing a seatbelt. Esther’s parents, the Todecheenes, counter that the Ford Expedition was defective and the seatbelt was not working properly.
The Todecheenes sued Ford in Navajo tribal court alleging that the Ford Expedition, designed and manufactured in Michigan, was defective and unreasonably dangerous in…
Dissenting Opinion
Fletcher, J.
dissenting:
The question in this case is whether a tribal court has jurisdiction over a product liability suit brought by the surviving parents of a tribal police officer, where the on-duty officer, driving a police vehicle designed, manufactured, and sold to the tribe by the defendant, was killed in a one-car rollover accident on a tribal road. The majority denies tribal court jurisdiction despite our recent decision in McDonald v. Means, 309 F.3d 530 , amending prior opinion at 300 F.3d 1037 (9th Cir.2002), holding that tribal courts have subject matter jurisdiction over a suit between a tribal member and a nonmember arising out of an accident on a tribal road. The majority may not like our decision in McDonald, but it is bound by it. Because the majority fails to follow McDonald, I respectfully dissent.
I. Factual Background
Plaintiffs are the parents of Esther To-decheene, a deceased Navajo Nation law enforcement officer. Officer Todecheene died from injuries sustained when her Ford Expedition patrol vehicle rolled over in a one-car accident. The rollover occurred while Officer Todecheene was on duty, driving on a tribal road.