Acker Gumusyazici v. Coeur d' Alene Tribe

CourtDistrict Court, D. Idaho
DecidedJune 27, 2025
Docket2:23-cv-00324
StatusUnknown

This text of Acker Gumusyazici v. Coeur d' Alene Tribe (Acker Gumusyazici v. Coeur d' Alene Tribe) is published on Counsel Stack Legal Research, covering District Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Acker Gumusyazici v. Coeur d' Alene Tribe, (D. Idaho 2025).

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

SADIE J. ACKER GUMUSYAZICI, Case No. 2:23-cv-00324-DKG Plaintiff, MEMORANDUM DECISION AND v. ORDER

UNITED STATES OF AMERICA,

Defendant.

INTRODUCTION Before the Court are Defendant’s motion for summary judgment and Plaintiff’s motion to supplement the record. (Dkts. 29, 39). The motions are fully briefed. Having reviewed the entire record, the Court finds the facts and legal arguments are adequately presented and that oral argument would not significantly aid its decision-making process, and, therefore, will decide the motions on the record. Dist. Idaho Loc. Civ. R. 7.1(d)(1)(B); Fed. R. Civ. P. 78(b) (“By rule or order, the court may provide for submitting and determining motions on briefs, without oral hearings.”). For the reasons that follow, the Court will grant the motion for summary judgment and will deny the motion to supplement the record.1

1 The parties have consented to proceed before a United States Magistrate Judge in this matter pursuant to 28 U.S.C. § 636(c)(1) and Local Civil Rule 72.1(a)(1). (Dkt. 18). BACKGROUND2 This case arises out of a one-car accident occurring between the late evening

hours of January 11, 2019 and the early morning of January 12, 2019. Plaintiff was traveling as a passenger in an automobile on Lovell Valley Road, located in North Idaho within the boundary of the Coeur d’Alene Reservation. The driver of the vehicle was Plaintiff’s sister. Lovell Valley Road is a paved two-way road with a double yellow painted lane divider in the middle, white fog lanes on both edges, and a posted speed limit of 55 miles-per-hour for the section of the road where the accident occurred. As the

vehicle Plaintiff was riding in approached a curve, the vehicle lost control and left the roadway, rolling over several times. Plaintiff sustained serious injuries in the accident. As a result of the foregoing, Plaintiff, who is self-represented, initiated this negligence action against the United States seeking damages for personal injuries in the amount of $2,750,000. (Dkts. 1, 10, 34, 35). The Coeur d’Alene Tribe is responsible for

maintaining the road using federal funding by virtue of an agreement with the Bureau of Indian Affairs. (Dkt. 29-13, Dec. Yazzie ¶ 3). The complaint alleges the cause of the accident was the slick road surface, the high speed limit, the lack of curve warning signs, and no guardrail. (Dkt. 10 at 4). Plaintiff claims Defendant was negligent by acting or failing to act with regard to the following problems with the road at the site of the crash:

(1) the road surface shrinks down to 20 feet across both opposing lanes with a 55 mile-

2 Consistent with the standard on summary judgment, the factual allegations are written to reflect that all evidence in the record is construed in a light most favorable to the non-moving party, who is also given the benefit of all reasonable inferences which can be drawn from that evidence. per-hour speed limit; (2) the speed limit was increased to 55 miles-per-hour limit; (3) there is a dangerous curve with no warning signs, no curve signs, and no guardrail; (4)

there is only two inches of loose gravel before the concrete surface ends and a field or culvert begins; and (5) the road surface material changes right before the curve making a slick driving surface. (Dkt. 10 at 3). On February 10, 2025, Defendant timely filed the motion for summary judgment presently before the Court. (Dkt. 29). Plaintiff filed multiple responses in opposition (Dkts. 32-35), to which Defendant has replied (Dkt. 36).3 On April 23, 2025, Plaintiff

filed the motion to supplement the record with newly discovered evidence, which Defendant opposes. (Dkts. 39, 40, 41). The Court finds as follows. STANDARDS OF LAW 1. Subject Matter Jurisdiction Federal courts are of limited jurisdiction. Kokkonen v. Guardian Life Ins. Co., 511

U.S. 375, 377 (1994). “A federal court is presumed to lack jurisdiction in a particular case unless the contrary affirmatively appears.” Stock West, Inc. v. Confederated Tribes, 873 F.2d 1221, 1225 (9th Cir. 1989). The plaintiff bears the burden to establish that subject matter jurisdiction is proper. Kokkonen, 511 U.S. at 377.

3 Defendant objects to Plaintiff filing multiple response briefs. (Dkt. 36 at 2-3). Filing multiple response briefs violates Local Civil Rule 7.1(c). However, because Plaintiff is self-represented, the Court construes the filings liberally and will consider the response briefs, because the arguments raised therein have been addressed by Defendant. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (courts liberally construe pro se filings). 2. Summary Judgment Summary judgment is appropriate where a party demonstrates that, as to any claim

or defense, “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A material fact is a fact “that may affect the outcome of the case.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48 (1986). A genuine dispute of material fact exists “if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id. The moving party bears the initial burden of demonstrating the absence of a

genuine dispute as to material fact and a favorable judgment is due as a matter of law. Devereaux v. Abbey, 263 F.3d 1070, 1076 (9th Cir. 2001) (en banc); Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If the moving party satisfies this initial burden, the non-moving party must identify facts sufficient to show a genuine issue for trial to defeat the motion for summary judgment. Cline v. Indus. Maint. Eng’g & Contracting Co., 200

F.3d 1223, 1229 (9th Cir. 2000). To establish the existence of a factual dispute, the non-moving party need not establish a material issue of fact conclusively in its favor. It is sufficient that “the claimed factual dispute be shown to require a jury or judge to resolve the parties’ differing versions of the truth at trial.” T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809

F.2d 626, 630 (9th Cir. 1987). However, the non-moving party cannot avoid summary judgment by relying solely on unsupported conclusory allegations. Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). Instead, the opposition must go beyond the assertions and allegations of the pleadings and set forth specific facts by producing competent evidence that shows a genuine issue for trial. Celotex, 477 U.S. at 324. The Court must grant summary judgment if the non-moving party “fails to make a showing sufficient to

establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Id. at 322. “If the evidence is merely colorable or is not significantly probative, summary judgment may be granted.” Anderson, 477 U.S. at 249–50 (citations omitted). When making this determination, the Court views all inferences drawn from the underlying facts in the light most favorable to the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574,

586 (1986). 3.

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