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Lerro v. Upper Darby Township

Where plaintiffs alleged defendant failed to comply with Dog and Rabies Ordinance or State Dog Law, summary judgment in favor of defendant affirmed; Dog Laws did not give plaintiffs a private right of action, so plaintiffs could not show an exception to defendant's immunity under its Tort Claims Act.

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Argued: March 11, 2002

Christopher Lerro, a minor, and his mother, Michelle Lerro, (Appellants) appeal an order of the Delaware County Court of Common Pleas (trial court), which granted Upper Darby Township’s (Township) Motion for Summary Judgment. Appellants attempted to recover damages by asserting a cause of action under the Dog and Rabies Ordinance of 1977 (Dog and Rabies Ordinance) *fn1 and the Pennsylvania Dog Law Act (State Dog Law). *fn2 However, the trial court concluded that these laws did not give Appellants a private right of action and, thus, Appellants could not show an exception to the Township’s immunity under what is commonly called the Pennsylvania Political Subdivision Tort Claims Act (Tort Claims Act). *fn3 We affirm.

On November 14, 1997, Appellants were guests at Deborah Madonna’s (Madonna) apartment. Also present were several of Madonna’s children and her pit bull, Sir Trooper Blue (Dog). Madonna left the premises and as she did so, she locked the Dog in a bedroom. After her departure, one of Madonna’s children broke the lock on the bedroom door allowing the Dog to escape. The Dog attacked Christopher Lerro, injuring his face. The Dog also injured Michelle Lerro’s hand as she attempted to release her son from the Dog’s grasp. As a result of this incident, Christopher Lerro had to undergo surgery.

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