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 KIWANIS PACIFIC NORTHWEST DISTRICT KIWANIS OF TUMWATER KIWANIS OF CENTRALIA CHEHALIS KIWANIS OF UNIVERSITY PLACE KIWANIS VOCATIONAL HOME LEWIS COUNTY YOUTH ENTERPRISES INC BARBARA THOMPSON ESTATE CHARLES MCCARTHY EDWARD HOPKINS UNITED WAY OF PIERCE COUNTY CHILDREN INDUSTRIAL HOME COFFEE CREEK CENTER COFFEE CREEK CENTER CHILDREN INDUSTRIAL HOME COFFEE CREEK CENTER MENTOR HOUSE CHILDREN INDUSTRIAL HOME COFFEE CREEK CENTER STATE OF WASHINGTON STATE OF WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES DEPARTMENT CHILDREN YOUTH AND FAMILY SERVICES CHILD PROTECTIVE SERVICES (2025)

ORDER GRANTING MOTION TO PUBLISH AND PUBLISHING OPINION IN PART

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ORDERED that the caption title (UNPUBLISHED OPINION) be replaced with PART-PUBLISHED OPINION.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defense that does not bar vicarious liability claims against the Kiwanis Defendants on procedural grounds, and in the unpublished portion that (2) there is a genuine issue of material fact regarding whether an actual agency relationship between KVH and Kiwanis International existed, (3)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 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.

FOR THE COURT: