* A.B., J.L., Et Al., Appellants V. Kiwanis International, Et Al., Respondents

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IN IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
C.C., an individual,
Appellants,
A.B., an individual; D.E.F., an individual; M.R.,
an individual; J.L., an individual; B.F., as
guardian for K.F., an individual; C.B., an
individual; A.M., an individual,
Plaintiffs,
v.
KIWANIS INTERNATIONAL, a non-profit
entity; KIWANIS PACIFIC NORTHWEST
DISTRICT, a non-profit entity; KIWANIS OF
TUMWATER, a non-profit corporation;
KIWANIS OF CENTRALIA-CHEHALIS, a
non-profit entity; KIWANIS OF UNIVERSITY
PLACE, a non-profit entity; KIWANIS
VOCATIONAL HOME, a nonprofit entity;
LEWIS COUNTY YOUTH ENTERPRISES,
INC. d/b/a Kiwanis Vocational Homes for
Youth, a non-profit corporation; BARBARA
THOMPSON as Personal Representative for the
ESTATE CHARLES MCCARTHY; EDWARD
J. HOPKINS, an individual; UNITED WAY OF
PIERCE COUNTY, d/b/a CHILDREN’S
INDUSTRIAL HOME and/or COFFEE CREEK
CENTER; COFFEE CREEK CENTER, a non-
profit entity; CHILDREN’S INDUSTRIAL
HOME d/b/a COFFEE CREEK CENTER, non-
profit entity; MENTOR HOUSE, d/b/a
CHILDREN’S INDUSTRIAL HOME and/or
COFFEE CREEK CENTER, a nonprofit entity;
STATE OF WASHINGTON; STATE OF
WASHINGTON, DEPARTMENT OF SOCIAL
AND HEALTH SERVICES, DEPARTMENT
CHILDREN, YOUTH AND FAMILY
SERVICES, CHILD PROTECTIVE SERVICES,
governmental entities,
Respondents.
No. 57207-9-II
ORDER GRANTING MOTION TO
PUBLISH AND PUBLISHING
OPINION IN PART
Filed
Washington State
Court of Appeals
Division Two
February 11, 2025
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No. 57207-9-II
2
Appellant filed a motion to publish the opinion filed in the above entitled matter on
September 4, 2024 pursuant to RAP 12.3(e). After consideration, the court grants the motion. It
is now
ORDERED that the caption title (UNPUBLISHED OPINION) be replaced with PART-
PUBLISHED OPINION.
It is further ORDERED that the following language be deleted on page 3:
We hold that (1) RCW 23B.14.340 is a statute of repose but that it provides a personal
defense that does not bar vicarious liability claims against the Kiwanis Defendants on procedural
grounds, (2) there is a genuine issue of material fact regarding whether an actual agency
relationship between KVH and Kiwanis International existed, (3) there is a genuine issue of
material fact regarding whether an apparent agency relationship between KVH, Kiwanis
International, and the local clubs existed, and (4) CC’s alter ego argument is not properly before
us. We affirm the grant of summary judgment as to Kiwanis Pacific Northwest District
(KPNW). But we reverse the trial court’s summary judgment order as to Kiwanis International
and the local clubs and remand the matter for the trial court to conduct further proceedings
consistent with this opinion.
It is further ORDERED that the following language be inserted on page 3 above the
FACTS section:
We hold in the published portion that (1) RCW 23B.14.340 is a statute of repose but that
it provides a personal defense that does not bar vicarious liability claims against the Kiwanis
Defendants on procedural grounds, and in the unpublished portion that (2) there is a genuine
issue of material fact regarding whether an actual agency relationship between KVH and
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No. 57207-9-II
3
Kiwanis International existed, (3) there is a genuine issue of material fact regarding whether an
apparent agency relationship between KVH, Kiwanis International, and the local clubs existed,
and (4) CC’s alter ego argument is not properly before us. We affirm the grant of summary
judgment as to Kiwanis Pacific Northwest District (KPNW). But we reverse the trial court’s
summary judgment order as to Kiwanis International and the local clubs and remand the matter
for the trial court to conduct further proceedings consistent with this opinion.
It is further ORDERED that the following language be inserted on page 24 following the
third full paragraph and before section III (There Is A Genuine Issue of Material Fact as to
Whether the Kiwanis Defendants Had an Agency Relationship with KVH):
CONCLUSION
In conclusion, we hold that RCW 23B.14.340 is a statute of repose but that it does not bar
claims against the Kiwanis Defendants as a matter of law.
A majority of the panel having determined that only the foregoing portion of this opinion
will be printed in the Washington Appellate Reports and that the remainder shall be filed for
public record in accordance with RCW 2.06.040, it is so ordered.
UNPUBLISHED PORTION
It is further ORDERED that the following language be deleted on page 40-41:
CONCLUSION
In conclusion, we hold that RCW 23B.14.340 is a statute of repose but that it does not bar
claims against the Kiwanis Defendants as a matter of law. We further hold that there is a genuine
issue of material fact regarding whether an actual or apparent agency relationship between KVH
and Kiwanis International existed, and whether an apparent agency relationship between KVH
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No. 57207-9-II
4
and the local clubs existed. We also hold that CC’s alter ego argument is not properly before us.
Accordingly, we affirm the grant of summary judgment as to KPNW. But we reverse the trial
court’s summary judgment order as to Kiwanis International and the local clubs and remand the
matter for the trial court to conduct further proceedings consistent with this opinion.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,
it is so ordered.
It is further ORDERED that the following language be inserted at page 40:
CONCLUSION
In conclusion, we further hold that there is a genuine issue of material fact regarding
whether an actual or apparent agency relationship between KVH and Kiwanis International
existed, and whether an apparent agency relationship between KVH and the local clubs existed.
We also hold that CC’s alter ego argument is not properly before us. Accordingly, we affirm the
grant of summary judgment as to KPNW. But we reverse the trial court’s summary judgment
order as to Kiwanis International and the local clubs and remand the matter for the trial court to
conduct further proceedings consistent with this opinion.
It is further ORDERED that the opinion will now be published in part.
PANEL: Jj. Glasgow, Veljacic, Che
FOR THE COURT:
PRESIDING JUDGE
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