James R. Smith v. Salish Kootenai College Court of Appeals of the Confederated Salish and Kootenai Tribes of the Flathead Reservation

We consider an issue of increasing importance to the federal courts and to non-tribal members who live or work in or around Native American reservations: When does an Indian tribe’s civil jurisdiction extend to non-tribal members? We must decide whether the Confederated Salish and Kootenai Tribes of the Flathead Reservation had the adjudicative authority to exercise civil subject-matter jurisdiction over a non-tribal member in a tort dispute that arose from a traffic accident on a public highway on the reservation.

I

This case arises from a tragic one-vehicle rollover. Appellant Smith, a citizen of Oregon, a member of the Umatilla Tribe, and a student at the Salish Kootenai College (“SKC”), was that day driving a SKC dump truck on United States Highway 93 as it ran through the Flathead Reservation. Smith was driving as part of his work on a vocational course at SKC. At the unfortunate time, the dump truck’s right rear main leaf spring broke, and the truck veered sharply left. Smith tried to maintain control, but the truck rolled. The accident killed one passenger, and injured Smith and another passenger.

After the accident, the injured passenger and the estate of the deceased…