Make a tax-deductible donation to the center here:
The navigation select boxes below will direct you to the selected page when you hit enter.
FN1. In Montinieri, plaintiff was the intended victim of a would-be kidnapper who managed to elicit from the defendant telephone company's information operator the unlisted information about the home address of the intended victim-plaintiff. The kidnaping effort was foiled but only after the kidnapper got to plaintiff's house. The telephone company was sued regarding the distress involved.
FN2. Interestingly, the Scanlon facts approached those of this case in that animals play a central role. It was alleged that the power company's poorly installed power lines damaged plaintiff's dairy herd, prompting serious economic loss, prompting emotional distress. The case thus misses the bulls-eye in that the distress is economically based rather than founded upon distress over the cattle being sick per se. In the event, however, the plaintiff's trial success was overturned for the charge's failure to include the Montinieri caveat.
FN3. It should be noted that the court has found no cases allowing anything but property value to an owner in veterinary malpractice cases. Oddly, no cases were found articulating that limitation, but the first absence is more telling than the latter. This is not a universally held American truism; see surveys set out, e.g., in The Standard of Care for Veterinarians in Medical Malpractice Claims, Tenn.L.Rev., Fall, 1990; and Recovery of Damages for Emotional Distress Due to Treatment of Pets and Animals, 91 A.L.R.5th 545 (2001).