Foster v. Carter

Schultheis, J. *

Howard Carter and his parents appeal from a summary judgment dismissal of their third party complaint against Guy Marsh, Chris Hemmen, and Jeff Hargan. The Carters contend respondents are bound by the denial of an earlier summary judgment motion which was brought by another third party defendant. The Carters also contend they raised a genuine issue of material fact regarding common enterprise liability. We affirm.

The facts are undisputed. Nine teenage boys decided to have a "BB gun war1' in some woods near Bothell High School. The only rules of the game were that there would…