Brendan McKown v. Simon Property Group Inc

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 Wash.2d 192, 943 P.2d 286 (1997).

2) To create a genuine issue of material fact as to the foreseeability of the harm resulting from a third party’s criminal act when the defendant did not know of the dangerous propensities of the individual responsible for the criminal act, must a plaintiff show previous acts of similar…