11/04/2020
IN THE SUPREME COURT OF THE STATE OF MONTANA
Case Number: OP 20-0526
OP 20-0526
FILED
RANDALL CHILDRESS and
CLAUDIA CHILDRESS, NOV 0 4 2020
Bowen Greenwood
Clerk of Suprerne Court
Plaintiffs, Appellees, State of tvlontana
and Cross-Appellants.
ORDER
v.
COSTCO WHOLESALE CORPORATION,
Defendant, Appellant,
and Cross-Appellee.
In accordance with M. R. App. P. 15, the Ninth Circuit Court of Appeals has
certified to this Court the following question of law, which has arisen in that court's
Cause Nos. 19-35411 and 19-35493:
Whether, under Montana law, parasitic emotional distress damages are
available for an underlying negligence claim for personal property damages
or loss?
This Court accepts the certified question on the relevant facts set forth in the
Ninth Circuit Court's certification ofthe question. In accordance with M.R. App.P. 15(4),
we reserve any determination whether to reformulate the question pending full
consideration ofthe issue. We will answer the question in due course following briefing.
IT IS THEREFORE ORDERED that the parties shall, in accordance with the
Montana Rules of Appellate Procedure, prepare, file, and serve briefs addressing the
certified question set forth above, with the opening brief of the
Defendant-Appellant/Cross-Appellee to be filed within 30 days of the date of this Order.
Thereafter, additional briefing shall proceed in accordance with the Montana Rules of
Appellate Procedure.
The Clerk is directed to provide copies ofthis Order to all counsel of record for the
parties in the Ninth Circuit Court of Appeals Cause Nos. 19-35411 and 19-35493, and to
the Clerk of Court for the Ninth Circuit Court of Appeals.
DATED this
' Al day of November, 2020.
Chief Justice
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2