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STIEFEL v. CITY OF KENT

No. 55545-6-I.

132 P.3d 1111 (2006)

132 Wash.App. 523

Russell L. STIEFEL and Bonnie Stiefel, husband and wife; and United Services Automobile Association, a foreign corporation, Appellants, v. The CITY OF KENT, a local government entity; The County of King, a local government entity; City of Kent Public Works, a local government entity; City of Kent Fire Department, a local entity; and King County Fire Marshal, a local government entity, Respondents.

Court of Appeals of Washington, Division 1.

April 24, 2006.

Attorney(s) appearing for the Case

Satwant K. Atwal, Gardner Bond Trabolsi & St Louis PLLC, Seattle, WA, for Appellants.

Stewart Andrew Estes, Keating Bucklin & McCormack, David James Eldred, Seattle, WA, for Respondents.

APPELWICK, C.J., and BAKER and DWYER, JJ.

PER CURIAM.

¶ 1 The provision of fire protection services is a governmental rather than a propriety function. The public duty doctrine therefore bars any claims for the negligent failure to supply water for firefighting purposes or the negligent failure to enforce fire code provisions. Because appellants Russell and Bonnie Stiefel and United Services Automobile Association (the Stiefels) failed to establish any material factual dispute as to the application of...

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