Wilson

ORDER *

Blanche Kallstrom would have a viable claim against the United States under the Federal Tort Claims Act (“FTCA”) only if Alaska law recognizes that a person who inflicts injury on another as an “unwitting *859 instrument” of a negligent party has a claim against that negligent party for the negligent infliction of emotional distress (“NIED”). See Wilson v. United States, 190 F.3d 959 (9th Cir.1999). Because Alaska law did not provide an answer to this question, we certified it to the Alaska Supreme Court. Id.

That court has now held, in response to the certified question:

Kallstrom v. United States, 43 P.3d 162 (Alaska 2002). Whether Kallstrom has a viable claim under the FTCA is governed by Alaska law. See Wilson, 190 F.3d at 960 . Because the Alaska Supreme Court has now determined that an “unwitting instrument” plaintiff has no claim for NIED, the district court’s order dismissing her claim is

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.