P.R. v. Pennsylvania Department of Public Welfare

DOYLE, President Judge,

dissenting.

I respectfully dissent from the majority’s holding that P.R. accidentally injured D.N.

The critical facts are contained in the testimony of the child D.N.,1 who testified that her mother spanked her with a belt and struck her in the eye.2 D.N. explained that she was trying to run away from her mother during the spanking and that her mother was chasing her with the belt. The specific testimony is:

Q.... [W]hen you say [P.R.] hit you, tell me what was happening in the room. Were you standing still, were you running away, or what was going on?

A. Running away.

Q....…