Ih Ex Rel. Litz v. County of Lehigh

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. We affirm.

I. Facts

In November 1998, a court determined I.H., then three years old, was a “dependent child.” As a result, Lehigh County took…