Wilson

ORDER

I.

We hereby certify to the Supreme Court of Alaska that there is involved in this case a question of Alaska law which may be determinative of the cause and as to which there is no controlling precedent in the decisions of the Alaska Supreme Court. Pursuant to Rule 407(a) of the Alaska Rules of Appellate Procedure, 1 therefore, we respectfully request the Alaska Supreme Court to answer the following question of Alaska law:

We do not intend, by our phrasing of the question, to restrict the Alaska Supreme Court’s consideration of this request. We acknowledge that, in its discretion, the Alaska Supreme Court may reformulate the question.

II.

This is an action brought under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346 (b), 2671-80, in which Blanche Kallstrom (“Kallstrom”) seeks to recover on her counterclaim against the United States (the “government”) for the negligent infliction of emotional distress (“NIED”), resulting from her unwitting-participation in a child’s accidental ingestion of caustic lye on government property. The FTCA provides that the government “shall be liable [for] tort claims, in the same manner and to the same extent as a private individual…