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I.H. EX REL. LITZ v. COUNTY OF LEHIGH

No. 08-2766.

610 F.3d 797 (2010)

I.H., by and Through his Guardian Ad Litem, Steven A. Litz, Esquire, Appellant v. COUNTY OF LEHIGH; Topton House LLC, Transacting as Topton House; Topton Management Services, Inc.; The Lutheran Home at Topton; Jane Detra Davenport, Esquire; Peter Norton.

United States Court of Appeals, Third Circuit.

Opinion Filed: July 7, 2010.

Attorney(s) appearing for the Case

Stephen A. Saltzburg, Esquire (Argued), George Washington University Law School, Washington, D.C., Eric H. Weitz, Esquire, Weitz Garfinkle Datz, LLC, Philadelphia, PA, for Appellant.

Michelle D. Coburn, Esquire, Kim Kocher, Esquire (Argued), I. Steven Levy, Esquire, White & Williams, Philadelphia, PA, for Appellees.

Thomas W. Corbett, Jr., Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Office of Attorney General of Pennsylvania, Harrisburg, PA, for Amicus Appellee Commonwealth of Pennsylvania.

John F. Yaninek, Esquire (Argued), Kathleen Doyle Yaninek, Equire, Mette, Evans & Woodside, Harrisburg, PA, for Amicus Appellee Pennsylvania Children & Youth Administrators Association.

Jonathan Vipond, III, Esquire, Jayson R. Wolfgang, Esquire, Buchanan Ingersoll & Rooney, Harrisburg, PA, for Amicus Appellee Pennsylvania Council of Children Youth & Family Service.

Before: AMBRO, GARTH and ROTH, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

In December 2002, a car accident paralyzed a foster care child, I.H. A jury found that his foster father's negligent driving caused I.H.'s injury. The single issue before us in this tragic case is whether a private foster care agency can be vicariously liable for the ordinary negligence of a foster parent. The District Court held no, and granted the foster care agency's motion for summary judgment on this issue...

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