United States Ninth Circuit

In light of the Washington Supreme Court's answer to the certified question that the Washington Product Liability Act permits relief for emotional distress damages, in the absence of physical injury, caused to the direct purchaser by being served and touching, but not consuming, a contaminated food product, but only if the emotional distress is a reasonable reaction and manifest by objective symptomatology, the district court's dismissal of plaintiff's suit is reversed and remanded because plaintiff must be given another opportunity to amend his complaint.

Appellate Information

• Decided 02/12/2013
• Published 02/12/2013

Judges

• TALLMAN

Court

• United States Ninth Circuit

Counsel