DOG LAW-NEGLIGENCE PER SE

Goodell v. Stroble, Pa. No. 22-00906 (C.P. Lycoming July 20, 2023) (Carlucci, J.) This matter came before the Court on July 20, 2023, for oral argument on Plaintiffs’ Motion for Summary Judgment. Attached to the Motion is the transcript of the deposition of Defendant, conducted on February 21, 2023. The facts of this matter are substantially undisputed. The Defendant is the owner of a mixed breed dog named “Shadow.” On June 9, 2022, Defendant attended an estate sale, driving a Honda Pilot. While Defendant was placing the items she purchased at the sale in the back of the vehicle, Shadow jumped out of the open rear door of the vehicle and attacked Plaintiff Tami Goodell. Shadow was not on a leash or otherwise restrained. It is undisputed that, prior to the incident of June 9, 2022, Shadow bit another woman, named Kim Hunter. Plaintiff contends that, because Defendant failed to restrain Shadow on a leash or otherwise within the Honda Pilot on June 9, 2022, Defendant violated the Dog Law, 3 P.S. § 459-101 et. seq., and thus is negligent as a matter of law. Plaintiff’s Motion for Summary Judgment is granted in part and denied in part. Because Defendant failed to keep her dog confined within her vehicle, without a collar or chain, Defendant’s conduct was negligent per se. Plaintiff is entitled to an instruction to that effect. The question remains for the finder of fact whether her negligence was a proximate cause of Plaintiff’s injury.