NBF attorneys Chris Nicoll and Noah Jaffe authored an amicus brief for the Washington Defense Trial Lawyers’ Association (“WDTL”) in support of a petition for review to the Washington Supreme Court in the case of Moore v. Fred Meyer Stores, Inc., ___ Wn. App. 2d ___ 532 P.3d 165 (2023). The case concerns premises liability. The brief argued that the Court of Appeals improperly broadened the holding of Johnson v. Liquor & Cannabis Board, 197 Wn.2d 605, 486 P.3d 125 (2021), when it required a jury instruction on the foreseeability of a wet floor in an aisle of a grocery store dedicated to the sale of dry goods in the absence of evidence of a nexus between the wet floor and the nature of the business’s operation. The amicus brief also takes issue with the plaintiff’s argument that the Washington Supreme Court need not accept review because the Washington Pattern Instruction Committee will address the jury instruction issue. Noah Jaffe is the chair of the Amicus Committee of the WDTL, and Chris Nicoll is an appointed member of the Washington Pattern Jury Instruction Committee representing the WDTL.
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October 11th, 2023