SALDIVAR v. MOMAH

No. 34891-8-II.

186 P.3d 1117 (2008)

Perla SALDIVAR and Albert Saldivar, Harish Bharti, Appellants, v. Dennis MOMAH, Jane Doe Momah, and the marital community composed thereof, U.S. Healthworks Medical Group of Washington, P.S., a Washington professional services company, Charles Momah, Jane Doe Momah, and the marital community composed thereof and Does 1-10, Respondents.

Court of Appeals of Washington, Division 2.

June 24, 2008.


Attorney(s) appearing for the Case

Howard Mark Goodfriend, Catherine Wright Smith, Edwards Sieh Smith & Goodfriend PS, Seattle, WA, Marja M. Starczewski, Law Office of Marja Starczewski, PLLC, East Wenatchee, WA, for Appellant.

Tyna Ek, Nancy Katherine McCoid, Soha & Lang PS, Mary H. Spillane, Daniel W. Ferm, Williams Kastner & Gibbs PLLC, Heath Sharpless Fox, Johnson Graffe Keay Moniz & Wick LLP, Vanessa Vanderbrug, John Cornelius Versnel III, Lawrence & Versnel PLLC, Seattle, WA, for Respondent.

Emily Lieberman, Attorney at Law, Molly Anne Lawrence, GordonDerr LLP, Kelly O'Connell, Catherine A. Carroll, Sexual Violence Law Center, Seattle, WA, Amicus Curiae on behalf of Nw Women's Law Center & WA Coalition of Sexual Assault Programs.

Paul Nicholas Luvera Jr., J. Andrew Hoyal II, Luvera Barnett Brindley Beninger et al, Seattle, WA, Amicus Curiae on behalf of Luvera Law Firm.


QUINN-BRINTNALL, J.

¶ 1 Following a bench trial, Perla and Albert Saldivar appeal the trial court's dismissal of their case against Dennis Momah, Charles Momah, and U.S. Healthworks for damages caused by alleged sexual abuse as well as the trial court's ruling in favor of Dennis's1 counterclaims. The Saldivars argue: (1) they are immune from liability under RCW 4.24.510, (2) the trial court erred when it denied them a jury trial,...

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