BOSTON -- An investigation by Team 5 Investigates found that some casinos are playing by a different set of rules that could cause their customers to lose out on thousands of dollars if they're seriously injured while on casino property. NewsCenter 5's Sean Kelly reported on Thursday that by law, federally recognized Indian tribes are immune from lawsuits because they are considered sovereign nations.
Raw Interview: Richard Murch
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The lure of Lady Luck attracts millions to Indian Gaming. Richard and Carolyn Murch hoped for a jackpot on their 45th wedding anniversary. But their luck ran out before the first hand was dealt.

"We thought we were going to lose him," said Carolyn Murch. The Murches had just pulled up to Foxwoods Resort and Casino in Connecticut. He stood by the trunk when suddenly a valet drove into Richard. The collision pinned the 67- year- old grandfather between the two cars. "Somehow or another I got dragged and ended up underneath the car," said Richard.

Murch spent six days on life support, then doctors told him his leg had to be amputated. "It was a very difficult thing, very difficult. When my family and my doctor left I began to cry and I was really in despair, doing a lot of praying," Richard added.

His recovery has been an uphill and costly battle. "What little savings we've had is almost gone. We've had to pay for the ramps and the equipment that's in the bathroom and so many other things we've had to have done with the house, " said Murch.

Now the Murches are suing Foxwoods. But instead of filing their lawsuit in state court, they were surprised to find out their claim would only be handled in the casino's tribal court, where the rules are much different and discourage victims from suing at all. Another caveat: Only attorneys licensed by the tribe are allowed.

"I think there's probably a lot of people who don't know that," said Richard Murch. Then the family learned the Mashantucket Pequots, the richest tribe in the country that runs Foxwoods, had passed one of the most restrictive laws in the United States to limit the amount of money one can get for pain and suffering. "Basically they limit the damages to twice your out of pocket expenses," said Terrence Kennedy, an attorney representing the Murches.

So how are the tribes able to set their own laws? "Congress allows them to operate as a sovereign nation. People should know that they no longer have the protections that are afforded to them by the state, by state law. They're subject to somewhat arbitrary and capricious laws that the Indian nations have written up to protect themselves," said Kennedy.

A spokesman for Foxwoods Resort and Casino refused to comment on the Murch case, citing the pending litigation.

But this isn't just an issue at Foxwoods. Any Indian tribe that operates a casino on their ancestral land can set up their own court and make their own laws. It's their right as a sovereign nation.

"I feel as though if they're going to take your money, they should be, they should be responsible for the liability as far as you getting hurt," said Sheila Buzulis, of Millbury. Buzulis claims she was seriously hurt by a Mohegan Sun security guard responding to an emergency. She sued the casino, but lost, in part because she didn't know the lawsuit had to be filed in Mohegan Sun's tribal court. "Nothing was told to me about the rules and regulations. I was never offered any assistance at all," Buzulis said.

But a spokesman for Mohegan Sun denied that claim. "I certainly feel for Mrs. Buzulis, but I feel as though she was misrepresented by her attorney, who told us he was going to get back to us as soon as possible and we didn't hear from him for nearly 20 months," said Charles Bunnell, chief of staff to the Mohegan Tribe.

When Bunnell was asked if the patrons at a disadvantage because of the way it is set up on tribal land, Bunnell replied "It's fair. It's fair to the person that's injured. It's not about making attorneys rich."

Industry critics say big money is being spent by Indian tribes with casinos so they can continue to make their own rules and operate with virtually no oversight. In the past four years, Team 5 Investigates has learned the industry contributed almost $18 million to Washington politicians. "The casino industry is very interested in keeping the regulation to a minimum and campaign contributions have been somewhat helpful in helping them do that," said Massie Ritsch at the Center for Responsive Politics.

But if Gov. Deval Patrick's casino gambling proposal is approved, Indian casinos set to deal in Massachusetts would have to play by the state's rules. "Even if a tribe from out of state were to be a partner in one of the proposed resort casinos, they would be subject to Massachusetts law and not to tribal laws as they are on the land in trust in Connecticut," said Dan O'Connell, secretary of Housing and Economic Development.

However sovereign immunity is not off the table for the Mashpee Wampanoag tribe, which is still trying to get federal recognition so they can start up a casino in Middleboro. The Patrick administration told Team 5 Investigates they'll try to prevent that from happening by getting the tribe to agree to a commercial license first.