Adamson v. Port of Bellingham, No. 16-35314 (9th Cir. 2018)Annotate this Case
The Ninth Circuit certified the following question of state law to the Supreme Court of Washington: Is party A (here the Port of Bellingham) liable as a premises owner for an injury that occurs on part of a leased property used exclusively by party B (here the Alaska Marine Highway System – the "Ferry") at the time of the injury, where the lease has transferred only priority usage, defined as a superior but not exclusive right to use that part of the property, to party B, but reserves the rights of party A to allow third-party use that does not interfere with party B's priority use of that part of the property, and where party A had responsibility for maintenance and repair of that part of the property?
The court issued a subsequent related opinion or order on May 14, 2019.