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McKOWN v. SIMON PROPERTY GROUP INC.

No. 11-35461.

689 F.3d 1086 (2012)

Brendan McKOWN, a single individual, Plaintiff-Appellant, v. SIMON PROPERTY GROUP INC., a Delaware corporation doing business as Tacoma Mall; IPC International Corporation, an Illinois corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

August 6, 2012.

Attorney(s) appearing for the Case

Darrell L. Cochran (argued), Jason P. Amala , Pfau Cochran Vertetis Amala PLLC, Seattle, WA, for the plaintiff-appellant.

T. Jeffrey Keane , Keane Law Offices, Seattle, WA, for the defendants-appellees.

Before: RONALD M. GOULD, JAY S. BYBEE, and CARLOS T. BEA, Circuit Judges.

ORDER

For the reasons explained below, we respectfully certify to the Washington Supreme Court the following questions:

1) Does Washington adopt Restatement (Second) of Torts § 344 (1965), including comments d and f, as controlling law? See Nivens v. 7-11 Hoagy's Corner, 133 Wn.2d 192, 943 P.2d 286 (1997).

2) To create a genuine issue of material fact as to the foreseeability...

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