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Pet Damages: Related Cases

Case Name Citation Summary
Alaimo v. Racetrack at Evangeline Downs, Inc.   2005 WL 233806 (3rd Cir.)   A racehorse breeder  and owner brought suit against a racetrack for the loss of future winnings after a racehorse collided with a negligently maintained gate on the racetrack.  The trial court awarded plaintiff $38,000 without specifying what the award was for.  The Court of Appeals affirmed the decision holding the award was not unreasonable based on the horse's racing history.  
Altieri v. Nanavati   573 A.2d 359 (Conn. Super., 1990)   This is an action against a veterinarian for negligence, claiming that the defendant performed unwanted sterilization surgery on the plaintiff's dog, a Lhasa Apso.  The court held that there is also a question of fact regarding whether performing an unwanted operation on the dog is, under the circumstances, actionable as reckless conduct.  However, the court observed that, at the time of the trial it is unlikely that the plaintiffs will be able to recover, as an element of damages, any alleged emotional distress they may have experienced as a result of the surgery on their dog.  
Altman v. City of High Point   330 F.3d 194 C.A.4 (N.C. 2003)   This case arises out of several shooting incidents in the City of High Point, North Carolina.  In each incident, a High Point animal control officer shot and killed one or more dogs that were running at large in the city. Plaintiffs, the owners of the animals, brought suit under 42 U.S.C. § 1983, alleging that the officers' actions violated their Fourth Amendment rights.  The Court of Appeals concluded that the dogs at issue in this case do qualify as property protected by the Fourth Amendment and that the officers seized that property. However, because in each instance the seizure involved was reasonable, it concluded that the officers did not violate the plaintiffs' Fourth Amendment rights.  
Amons v. District of Columbia   231 F. Supp 2d. 109 (D.D.C. 2002)   Plaintiff filed a Section 1983 action against D.C. police officers alleging, inter alia, intentional infliction of emotional distress for the unprovoked shooting of his dog inside his home.  The court found that the officers lacked probable cause for the warrantless entry into his home to make the arrest, the arresting officer made "an egregiously unlawful arrest," and the officers were unreasonable in shooting plaintiff's dog without provocation.  
Anderson v. State Department of Natural Resources   693 N.W.2d 181 (Minn. 2005)   A paper manufacturing company sprayed pesticides on their tree grove, but accidentally over sprayed killing some of plaintiff's commercial bees.  The commercial beekeeper sued the paper manufacturing company and the trial court granted summary judgment in favor of the paper company.  The Supreme Court of Minnesota ultimately reversed the grants of summary judgment on the commercial beekeeper's negligence claims and affirmed dismissal of the nuisance claims.   
Anzalone v. Kragness   826 N.E.2d 472 (Ill. 2005)   A woman whose cat was attacked while being boarded at veterinarian's office brought claims against veterinarian and animal hospital.  Trial court dismissed claim for intentional infliction of emotional distress and the Court of Appeals reversed holding dismissal was not warranted.   
Armstrong v. Riggi   549 P.2d 753 (Nev. 1976)   Joe Riggi delivered his two unregistered Pomeranian dogs to the Armstrongs' Poodle Parlor to be bathed and groomed. The dogs died while in the care of the bailee. Riggi commenced this action to recover damages alleging that the dogs were worth more than $10,000. The issue on appeal was whether the trial court incorrectly interpreted the state court rule regarding attorney fees. Since the appellate court did in fact determine error, the case was remanded.  
Banasczek v. Kowalski   10 Pa. D. & C.3d 94 (1979)   Edward Banasczek (plaintiff) instituted an action in trespass against William Kowalski (defendant) for money damages resulting from the alleged shooting of two of plaintiff's dogs. The court held the following: “[T]he claim for emotional distress arising out of the malicious destruction of a pet should not be confused with a claim for the sentimental value of a pet, the latter claim being unrecognized in most jurisdictions.  Secondly we do not think, as defendant argues, that the owner of the maliciously destroyed pet must have witnessed the death of his or her pet in order to make a claim for emotional distress.” Pennsylvania has summarily rejected a claim for loss of companionship for the death of a dog.   
Bedford v. Jorden   698 P.2d 854 (Mont. 1985)   This action was brought by Dale C. Bedford, appellant, on an amended complaint on two counts seeking special damages in the amount of $750, unspecified general damages, and $50,000 in punitive damages against E.E. Jorden, a Billings, Montana veterinarian and his partnership. The first count of complaint alleges that the defendant, Dr. Jorden, willfully or by gross negligence broke, or allowed to be broken a wing of a parrot belonging to the appellant, Bedford. The second count alleges that Dr. Jorden and his business willfully, wantonly or maliciously failed to provide adequate care for the parrot. The court found that the interrogatories and depositions of all witnesses, including the appellant, indicate that there was no evidence produced that would establish a prima facie case of negligence, let alone intentional cruelty or inhumanity to animals.  
Brousseau v. Rosenthal   443 N.Y.S.2d 285 (N.Y.City Civ.Ct., 1980)  

This small claims action presents the question of how to make plaintiff whole in dollars for the defendant bailee's (a boarding kennel) negligence in causing the death of plaintiff's dog.  While the dog was a gift and a mixed breed and thus had no ascertainable market value, the court contravened common law principles and assessed the dog's actual value to the owner in order to make the owner whole.  While resisting the temptation to romanticize the virtues of a "human's best friend," the court stated it would be wrong not to acknowledge the companionship and protection that Ms. Brousseau lost with the death of her canine companion of eight years.

 
Brown v. Crocker   139 So.2d 779 (La. 1962)   This action in tort was instituted by plaintiff, as the administrator of the estate of his minor son, against the defendant to recover the value of a quarter-horse mare and a stillborn colt, and for damages occasioned by shock and mental anguish suffered by the son, as well as for services of a veterinarian and medicines used in treatment of the mare following her wounding by a shotgun blast intentionally inflicted by the defendant. The Court of Appeal in upheld an award of $250 for shock and mental anguish experienced by the child who could not stop crying about the loss of his horse and the colt that never was. As the court stated, "Under the facts and circumstances, an award of $250 for shock and mental anguish suffered by the minor would, in our opinion, do justice between the parties."  
Bueckner v. Hamel   886 S.W.2d 368 (Tex. App. 1994).   Texas law allows persons to kill without liability dogs that are attacking domestic animals. However, the attack must be in progress, imminent, or recent. This defense does not apply to the killing of dogs that were chasing deer or non-domestic animals.  
Burgess v. Shampooch Pet Industries, Inc.   --- P.3d ----, 2006 WL 908691 (Kan.App.)  

This Kansas case presents an issue of first impression as to the proper measure of damages recoverable for injury to a pet dog.  The plaintiff's dog, a 13-year old dog of negligible market value, suffered a dislocated hip after being groomed at defendant's establishment.  The appellate court found the lower court's award of damages based on the veterinary bills was proper where the bills were not disputed and represented an easily ascertainable measure.  Specifically, the court held that when an injured pet dog with no discernable market value is restored to its previous health, the measure of damages may include, but is not limited to, the reasonable and customary cost of necessary veterinary care and treatment. The court was unconvinced by defendant's "hyperbolic" claim that such an award would lead to a floodgate of high-dollar litigation on behalf of animals with low market values.

 
Burgess v. Taylor   44 S.W.3d 806 (Ky. 2001)  

Owner of pet horses sued boarders of horses who sold them for slaughter, asserting tort of outrage, or intentional infliction of emotional distress.  The Court held that: (1) element of tort of outrage, or intentional infliction of emotional distress, requiring outrageous and intolerable conduct depends on conduct of wrongdoer, not subject of conduct; (2) boarders' actions constituted tort of outrage; and (3) award of $50,000 compensatory damages and $75,000 punitive damages was not excessive.

 
Campbell v. Animal Quarantine Station   632 P.2d 1066 (Hawaii, 1981)   The plaintiffs' dog died after being left in a hot van during transport from the Hawaii Quarantine Station to the veterinarian's office.  The court held that it was not necessary for plaintiffs to witness the dog's death to recover for serious mental distress and that medical testimony was not necessary to substantiate plaintiffs' claims of emotional distress.  In affirming the trial court's award for damages for the loss of property (the dog), the court held that the trial "court correctly applied the standards of law . . . and the issues of whether the damages were proximately caused by the defendant and have resulted in serious emotional distress to the plaintiffs are therefore within the discretion of the trier of fact."  
Carbasho v. Musulin   618 S.E.2d 368 (W. Va. 2005)   Owner's dog was killed by a negligently driven car.  The owner sued to recover damages for loss of companionship.  The court held that dogs are personal property and damages for sentimental value, mental suffering, and emotional distress are not recoverable.  
Carroll v. Rock   469 S.E.2d 391 (Ga. App., 1996)   After plaintiff's cat escaped while at the defendant's animal hospital, Rock sued Dr. Carroll d/b/a The Animal Care Clinic for conversion or breach of bailment and emotional distress, seeking punitive damages and attorney fees.  The court agreed with Carroll that the trial court erred in instructing the jury on punitive and vindictive damages, as vindictive or punitive damages are recoverable only when a defendant acts maliciously, wilfully, or with a wanton disregard of the rights of others.  Plaintiff's intentional infliction of emotional distress claim also must fail because defendant's conduct was not outrageous or egregious.   
Cavallini v. Pet City and Supply   848 A.2d 1002 (Pa. 2004)   Appellant, Pet City and Supplies, Inc. appealed from the judgment in the amount of $1,638.52 entered in favor of Appellee, Christopher A. Cavallini following a bench trial. The trial court determined that Cavallini was entitled to damages due to Pet City's violations of the Dog Purchaser Protection provisions of the Unfair Trade Practices and Consumer Protection Law (UTPCPL). Cavallini purchased a Yorkshire terrier puppy from Pet City that was represented as a pure bred. After several attempts, Pet City failed to supply Cavallini with the requisite registration papers. On appeal, Pet City contended that the trial court erred as a matter of law by determining a private action can be brought under the Dog provisions of the UTPCPL, and erred as a matter of law by imposing a civil penalty against Pet City under the UPTCPL. In finding that the statute does provide a private cause of action, the court looked to the purpose of the statute rather than the plain language. However, the court found the inclusion of a civil penalty in the part that allows a private action was inconsistent with the statute.  
Corso v. Crawford Dog and Cat Hospital, Inc.   415 N.Y.S.2d (182 N.Y.City Civ.Ct., 1979)   Plaintiff sued for mental suffering after she discovered a dead cat in the casket that was meant for her dead dog in an elaborate funeral for the dog.  In ruling that the plaintiff was entitled to damages beyond market value for this actionable tort, the court found that plaintiff Ms. Corso did suffer shock, mental anguish and despondency due to the wrongful destruction and loss of the dog's body.  The court specifically distinguished a pet from other sentimental inanimate objects as they are not capable of returning love and affection.  
Daughen v. Fox   539 A.2d 858 (Pa. Super. 1988)   Plaintiffs brought a claim for intentional infliction of emotional distress and loss of companionship after defendant animal hospital performed unnecessary surgery based on a mix-up of x-rays.  The court denied the first claim, finding the defendant's conduct did not meet the "extreme and outrageous" conduct test.  With regard to plaintiff's claim for loss of a unique chattel and for loss of the dog's companionship and comfort, the court observed that, under Pennsylvania law, a dog is personal property, and, under no circumstances under the law of Pennsylvania, may there be recovery for loss of companionship due to the death of an animal.    
Dillon v. Greenbriar Digging Service   919 So.2d 172 (Miss. 2005)   In this Mississippi case, a horse owner brought negligence action against digging service when one of his horses was found dead near a trench dug by the service; the service refused to compensate owner for the value of his horse. The lower court found in favor of the digging service. On appeal, the court affirmed the lower court, finding that the digging service used reasonable care in digging and filling of horse owner's trench.  
Elliot v. Hurst   817 S.W.2d 877 (Ark., 1991)   This tort case involves appellee's suit against appellant for appellant's conversion of appellee's wolf hybrid dog named Rambo. The appellee in this case had placed an ad stating that he had a certain breed of dogs for sale. When appellant went to see the dogs, she noticed a serious leg infection. After consulting with the local prosecutor’s office and an animal organization, she returned to the owner’s home to take the dog in for treatment. The consulting veterinarian determined that the leg had to be amputated. The court held that the recovery was limited to the market value at the time prior to the amputation.  
Feger v. Warwick Animal Shelter   2006 WL 1174110 (N.Y.A.D. 2 Dept.)   In this New York case, a cat owner brought suit against an animal shelter and its employee for their alleged misconduct in knowingly placing a champion cat stolen from her home for adoption by unidentified family. In ruling that the lower court properly denied the plaintiff's cross motion for summary judgment, the appellate court found that there are questions of fact, inter alia, as to whether “Lucy” is “Kisses." However, the Shelter defendants are correct that the plaintiff may not recover damages for the emotional harm she allegedly suffered from the loss of her cat.  
Gabriel v. Lovewell   164 S.W.3d 835 (Texas, 2005)  

A Texas horse owner brought action against horse farm for negligence and breach of implied warranty in connection with the death of a horse in care of horse farm. On appeal of a decision in favor of the horse owner, the Court of Appeals held that by asking veterinarian if veterinarian told the horse owner that the horse died because it was not brought to veterinary clinic soon enough, the horse farm opened the door, and thus, the previously-rejected hearsay testimony regarding horse owner's conversation with veterinarian was admissible for limited purpose of impeaching veterinarian's testimony. Thus, the evidence was legally and factually sufficient to support the jury's verdict.

 
Gill v. Brown   695 P.2d 1276 (Idaho App., 1985)   Plaintiffs sought to recover property damages and damage and for mental anguish sustained when Brown allegedly shot and killed a donkey owned by the Gills.  By alleging that Brown's conduct was reckless and that they thereby suffered extreme mental anguish and trauma, the court held that the Gills have alleged facts that, if proven, could permit recovery under an intentional infliction of emotional distress cause of action. Accordingly, the court held that the district court erred by striking the Gills' claim for damages caused by mental anguish and the cause was remanded.  
Gluckman v. American Airlines, Inc.   844 F.Supp. (151 S.D.N.Y., 1994)   Plaintiff sued American Airlines for emotional distress damages, inter alia, after his dog suffered a fatal heatstroke while being transported in the cargo hold of defendant's airliner (the temperature reached 140 degrees Fahrenheit in violation of the airline's cargo hold guidelines).  Plaintiff relied on the state case of Brousseau v. Rosenthal  and Corso v. Crawford Dog and Cat Hosp., Inc  in support of his negligent infliction of emotional distress claim.  The court observed that none of the decisions cited by plaintiff, including Corso, recognize an independent cause of action for loss of companionship, but rather, they provide a means for assessing the "intrinsic" value of the lost pet when the market value cannot be determined.  As a result, the court rejected plaintiff's claim for loss of companionship as well as pain and suffering without any prior authority that established the validity of such claims.   
Haines v. Hampshire County Commission   607 S.E.2d 828 (W.V. 2004)  

A dog was impounded and adopted after being picked up by animal control officers.  The owners of the dog brought suit over the adoption of their dog.  The trial court dismissed the suit and the Court of Appeals affirmed, holding the dog's owners failed to state a claim.

 
Harabes v. Barkery, Inc.   791 A.2d 1142 (N.J.Super.L., 2001)   Plaintiffs claim their pet dog, Gabby, died of medical complications after she was negligently subjected to extreme heat for an extended period of time at The Barkery, a dog grooming business.  The Court observed that there is no New Jersey precedent permitting a pet owner to recover non-economic damages when a pet is negligently injured or killed; therefore, the court looked policy and rationale which underlies similar cases in this and other jurisdictions.  The Court concluded that the difficulty in quantifying the emotional value of a companion pet and the risk that a negligent tortfeasor will be exposed to extraordinary and unrealistic damage claims weighed against allowing damages.  Most significantly, the court found that public policy mitigated against allowing emotional distress and loss of companionship damages, which are unavailable for the loss of a child or spouse, for the loss of a pet dog.  
Hyland v. Borras   719 A.2d 662 (N.J.Super.A.D., 1998)   Plaintiff Heather Hyland brought this action for damages after defendants' dog, an American bulldog, trespassed onto plaintiff's property and attacked her ten year old shih tzu, causing serious injuries to the dog.  Defendants appeal the award of "repair costs" ($2,500) in excess of the dog's market value or "replacement cost" ($500).  In upholding the award, the court distinguished companion animals from other personal property, finding that market value fails to take into account the owner's relationship to the animal.   
Ing v. American Airlines   2007 WL 420249 (N.D. Cal. 2007)   A man shipped his dog on an American Airlines airplane, and the dog died shortly after landing. The court found that the contract signed prior to take-off limited the liability of the airline. However, the airline could be liable because after landing, the man had asked for his dog back, to give it veterinary care, but the airline took more than four hours to give it back. Also, the airline could be liable if the plane temperature had been higher than for which the contract called.  
Ivey v. Hamlin (Unpublished)   2002 WL 1254444 (Tenn.Ct.App.)(Not reproted in S.W.3rd)  

This is an action for damages for the deliberate killing of a dog by a Deputy Sheriff that was alleging terrorizing the neighborhood.  In finding for defendant-officer, the court noted that the consensus among the courts is that a vicious dog is a public nuisance and that governments and their agents have broad power to protect the public from these animals.  The court thus found the officer acted reasonably under the circumstances and had a qualified immunity defense.

 
Jankoski v. Preiser Animal Hospital, Ltd.   510 N.E.2d 1084 (Ill. App. Ct. 1987).   Plaintiff dog owners sought review of an order of the Circuit Court of Cook County (Illinois), which dismissed their complaint against defendants, animal hospital and veterinarians, with prejudice. The trial court held that plaintiffs' complaint to recover damages for the loss of companionship they experienced as a result of the death of their dog failed to state a cause of action. The court affirmed the order of the trial court that dismissed the complaint filed by plaintiff dog owners against defendants, animal hospital and veterinarians. The court held that the law did not permit a dog owner to recover for the loss of companionship of a dog.  
Jason v. Parks   638 N.Y.S.2d 170 (N.Y.A.D. 2 Dept., 1996)   In an action, inter alia, to recover damages for veterinary malpractice, the plaintiffs appeal.  The court reaffirmed that it is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent destruction of a dog.  
Johnson v. Douglas   734 N.Y.S.2d 847 (Mem) (N.Y.A.D. 2 Dept. 2001)   Plaintiff appealed an order denying her claim to emotional distress damages presumably for the death of her dog.  The court held that it is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent killing of a dog.  
Katsaris v. Cook   225 Cal.Rptr. 531 (Cal.App. 1 Dist., 1986)   Plaintiff's neighbor, a livestock rancher, shot plaintiff's sheepdogs after they escaped and trespassed on his property.  As a matter of first impression, the court construed the California Food and Agricultural Code provision that allows one to kill a dog that enters an enclosed or unenclosed livestock confinement area with threat of civil or criminal penalty.  The court affirmed defendant's motion with regard to the code provision, finding it gave them a privilege to kill the trespassing dogs.  Further, the court found defendants owed no duty to plaintiff thereby denying the claim for negligent infliction of emotional distress as a result of negligence in supervising the ranchhand who killed the dogs.  With regard to the intentional infliction of emotional distress claim, plaintiffs cite the manner in which the dogs were killed and then dumped in a ditch and the fact defendant denied knowing the fate of the dogs.  Relying on the "extreme and outrageous conduct" test, the court held that the defendant's conduct did not fall within the statutory privilege and remanded the issue to the trial court for consideration.   
Kautzman v. McDonald   621 N.W.2d 871 (N.D. 2001)   Plaintiffs sued defendants in their official capacities as law enforcement officers for shooting and killing their five dogs after the dogs escaped from plaintiffs' residence and began roaming the streets.  The intentional infliction of emotional distress claim was dismissed because the court held that conduct could not reasonably be viewed as extreme and outrageous after receiving testimony that the dog were aggressive toward the officers.  However, the court remanded the negligent infliction of emotional distress claim for further consideration.  Plaintiffs asserted that two statutes conferred a duty upon the officers; one an anti-cruelty statute and the other a statute allowing officers to take custody of abandoned animals.  
Koester v. VCA Animal Hosp.   624 N.W.2d 209 (Mich. App., 2000); lv. app. den. 631 N.W. 2d 339 (Mich. 2001)   Plaintiff pled damages that included plaintiff's pain and suffering, extreme fright, shock, mortification, and the loss of the companionship of his dog after negligent treatment by defendant animal hospital killed his dog.  The court noted that there is no Michigan precedent that permits the recovery of damages for emotional injuries allegedly suffered as a consequence of property damage.  Although this Court is sympathetic to plaintiff's position, it chose to defer to the Legislature to create such a remedy.  
Kondaurov v. Kerdasha   629 S.E.2d 181 (Va. 2006)   In Kondaurov v. Kerdasha, the Virginia Supreme Court held that the plaintiff-motorist could not recover damages for emotional or mental anguish she suffered either because of her concern for injuries sustained by her dog, who was riding in motorist's car at time of accident. Here, the plaintiff was clearly entitled to be compensated in damages for any emotional distress she suffered as a consequence of the physical impact she sustained in the accident. However, the court noted that Virginia still views pets as personal property, and plaintiffs cannot recover emotional distress damages resulting from negligently inflicted injury to personal property.  
Krasnecky v. Meffen   777 N.E.2d 1286 (Mass.App.Ct.,2002)  

In Krasnecky v Meffen, the plaintiffs sought damages for emotional distress, loss of companionship, and society when defendant’s dogs broke into plaintiff’s backyard and killed their seven sheep. The plaintiffs loved their sheep like a parent would love a child, and went so far as to throw birthday parties for them. Plaintiff’s counsel, Steven Wise, Esq., also instructed the court to consult a text on veterinary ethics, which defined companion animals to include the plaintiff’s sheep within the definition. The court did not address the issue concerning the emotional distress claim, but instead stated that the class of persons authorized to recover were “persons” closely related to the injured person. Furthermore, Justice Jacobs noted that it would be irrational for plaintiffs to have greater rights in the case of a companion animal than in a case of the tortious death of an immediate family member.

 
Lachenman v. Stice   838 N.E.2d 451 (Ind.App.)  

In this Indiana case, a dog owner whose dog was attacked and killed by a neighbor's dog, brought an action against the neighbor to recover veterinary bills and emotional distress damages. The court of appeals affirmed the trial court's grant of partial summary judgment in favor of defendant-neighbor, finding that however negligent the neighbor's behavior might have been in controlling his dog, his actions did not constitute outrageous behavior so as to give rise to claim for intentional infliction of emotional distress. The court also refused to extend the bystander rule under plaintiff's negligent infliction of emotional distress claim to include the dog owner's witnessing the death of his dog.

 
Lamare v. North Country Animal League   743 A.2d 598 (Vt. 1999)   Owners of a licensed dog that escaped while not wearing its tags filed an action against a local animal shelter that ultimately released the dog to others for adoption.  The court held that the town's actions fully complied with its animal control ordinance and that its ordinance provided ample notice to plaintiffs consistent with state law and due process requirements.  
Langford v. Emergency Pet Clinic   644 N.E.2d 1035 Ohio App. 8 Dist., 1994)   Plaintiff-appellant Edna L. Langford appeals from summary judgments granted in favor of defendants-appellees, Emergency Pet Clinic and Animal Kingdom Pet Cemetery, arising out of the death and interment of her dog, Bozie, who was buried in a mass grave contrary to her wishes.  Since plaintiff did not satisfy the requirements necessary to bring a claim for intentional infliction of emotional distress (to wit, the extreme and outrageous element and proof of mental anguish beyond her capacity to endure it ), the appellate court held that the lower court did not err in finding no basis for the claim.  The court also disallowed her claim for negligent infliction of emotional distress as plaintiff was neither a bystander to an accident nor in fear of physical harm to her own person.   
LaPorte v. Associated Independents, Inc.   163 So.2d 267 (Fla. 1964)   Respondent was a corporation engaged in the garbage collection business.  One of its employees maliciously hurled an empty garbage can at plaintiff's pet pedigreed dog, who was tethered at the time, killing it.  The issue before the court was the reconsideration not of  the issue of liability, but for determination only of compensatory and punitive damages.  The court stated that it was obvious from the facts that the act performed by the representative of the respondent was malicious and demonstrated an extreme indifference to the rights of the petitioner. Having this view, there was no prohibition of punitive damages relative to awarding compensation for mental pain, as would be the case if there had been physical injury resulting only from simple negligence.  The court went on to say that the restriction of the loss of a pet to its intrinsic value in circumstances such as the ones before us is a principle we cannot accept and that the malicious destruction of the pet provides an element of damage for which the owner should recover, irrespective of the value of the animal because of its special training.  
McBride v. Orr   466 A.2d 952 (N.H., 1983)   In this New Hampshire case, defendant animal control officer killed plaintiff’s dog believing that it was in pursuit of a deer. Defendant claimed immunity pursuant to a state statute. The Court reversed and remanded for a determination of damages for the plaintiff. The Court went on to state that the purpose of the statute was not to authorize defendant’s killing of plaintiff’s dog when the dog was no longer pursuing the deer.  
McCallister v. Sappingfield   72 Or. 422 (Or. 1914)   Plaintiff brought action for damages against defendant for killing his dog. Evidence as to its special value was admissible. was not error to admit the testimony of plaintiff regarding the dog's special value. Owner of a dog wrongfully killed was not limited to market value and could prove its special value by showing its qualities, characteristics, and pedigree.  
McConnell v. Oklahoma Gas & Elec. Co.   530 P.2d 127 (Okl. 1974)   In this Oklahoma case, defendant gas company left the plaintiff's yard gate open through which the plaintiff's dog escaped and was then hit by a car. In finding that the gate being left open was the proximate cause of the injury, the court held that the allegations in plaintiffs' amended petition, stated a cause of action and that the trial court erred in sustaining defendant's general demurrer to the petition.  
McDonald v. Bauman   433 P.2d 437 (Kan. 1967)  

This is an action for damages, both actual and punitive, wherein the plaintiff seeks to recover for the defendant's willful, wanton, malicious and cruel conduct in coming onto the plaintiff's premises, in plaintiff's absence, and in shooting and wounding plaintiff's dog in the presence of plaintiff's wife without justification or excuse and without the acquiescence or condonation of the plaintiff or his wife. A jury in the lower court acted found in favor of the defendant and the plaintiff appealed. On appeal, the Supreme Court held that evidence that the defendant caught the dog in the act of injuring his hogs, and that the defendant was in hot pursuit of the dogs, was sufficient to support the jury's verdict.

 
McDonald v. Ohio State Univ. Veterinary Hospital   644 N.E.2d 750 (Ohio Ct.Cl., 1994)  

After defendant filed a stipulation admitting liability for a botched surgery on defendant's show dog that ultimately led to euthanization, a trial was held as to the issue of damages.  Evidence adduced at trial showed that "Nemo" had been trained by plaintiff as a Schutzhund or "sport dog" in Schutzhund schooling.  The court noted that while dogs are considered personal property in Ohio and market value is the standard award for such personal property, market value in this case was merely a "guideline."  In addition to the loss of the specially trained dog, the court also found significant the loss of stud fees for the dog and potential future gains in sustaining the trial court's award of $5,000 in damages.  

 
Miller v. Peraino   626 A.2d 637 (Pa.Super., 1993)   The incident generating this dispute after two veterinary assistants claimed that Miller viciously beat plaintiff's dog Nera to death because he was having difficulty getting the dog from the basement recovery room to the waiting area upstairs where the dog would be picked up.  The sole issue on this appeal is the dismissal of plaintiff's cause of action for intentional infliction of emotional distress resulting from both the dog's death and the veterinarian's behavior during plaintiff's picketing of his business.  Relying on both the Restatement (Second) of Torts and a prior decision in Daughen v. Fox, the court held that intentional infliction of emotional distress cannot legally be founded upon a veterinarian's behavior toward an animal.   
Mitchell v. Heinrichs   27 P.3d 309 (Alaska, 2001)   Defendant shot plaintiff's dogs after perceiving they were a threat to her livestock and her when they trespassed upon her property.  In denying defendant's claim for punitive damages, the court observed that in this case, defendant's conduct, while drastic, did not rise to the level of outrageousness.  With regard to the trial court's award of only the market value of the dog to plaintiff , the court noted that it agreed with those courts that recognize that the actual value of the pet to the owner, rather than the fair market value, is sometimes the proper measure of the pet's value.  However, the court declined to award Mitchell damages for her dog's sentimental value as a component of actual value to her as the dog's owner.  
Molenaar v. United Cattle Co.   553 N.W.2d 424 (Minn.App., 1996)  

Plaintiff livestock owner sued defendant livestock owner for conversion after defendant knowingly took both its heifers and plaintiff's heifers from a livestock holding facility that defendant was suing for breach of contract. The District Court entered judgment after a jury verdict in favor of plaintiff but granted judgment notwithstanding verdict (JNOV) to defendant on punitive damages. The Court of Appeals held that punitive damages could be awarded even though defendant did not suffer personal injury and the evidence was sufficient to find defendant liable for conversion.  This case established that a litigant may recover punitive damages for conversion of property if the conversion is in deliberate disregard of the rights or safety of others.

 
Murrell v. Hooter   892 So.2d 680 (5th Cir., 2004)   A champion jumping horse was struck and killed by a van after escaping through an open gate.  The horse owner sued the property owners for negligence and the trial court granted defendants' summary judgment.  The Court of Appeals reversed the decision holding the defendants were not entitled to immunity under the Equine Immunity Statute.  
Nichols v. Sukaro Kennels   555 N.W.2d 689 (Iowa, 1996)   During a stay at defendant kennel, the kennel owner's dog tore off plaintiff's dog's left front leg and shoulder blade.  Plaintiff's petition sought damages to compensate for the injuries and suffering the dog incurred and the loss of aesthetic intrinsic value of the dog.  In upholding the district court's denial of damages for emotional injury and mental suffering, the Court of Appeals rejected plaintiff's argument for damages based on the intrinsic value of a pet for the negligent injury to the dog.  
Norwest v. Presbyterian Intercommunity Hospital   293 Or. 543 (Or. 1982)   No cause of action for loss of parental consortium. Dicta refers to an invasion of the animal/animal owner relationship as actionable misconduct.  
O'Rourke v. American Kennels (Unpublished Disposition)   7 Misc.3d 1018(A) (N.Y. 2005)   In this highly entertaining Small Claims case, claimant seeks to recover the purchase price of her dog, Little Miss Muffet. The issue presented, in large part, concerns the dog's weight. Claimant contends that Muffet was supposed to be a "teacup dog." At eight pounds, she is well above the five pounds that is considered the weight limit for a "teacup" Maltese. Plaintiff paid an additional $1,000 above the standard $1,500 to purchase the smaller variety of Maltese. Plaintiff was awarded the differential in price, but not veterinary fees for a knee condition that developed after the warranty protections expired in the purchase agreement.   
Oberschlake v. Veterinary Assoc. Animal Hosp.   785 N.E.2d 811 (Ohio App. 2 Dist.,2003)   This is the story of “Poopi,” a dog who tried to sue for emotional distress and failed. As the court observed, "Whether or not one agrees with the view that pets are more than personal property, it is clear that Ohio does not recognize noneconomic damages for injury to companion animals." While the court noted that one Ohio case has apparently left open the door for recover of distress damages, "the mental anguish in such situations must be ‘so serious and of a nature that no reasonable man could be expected to endure it.’ Even conceding the bond between many humans and their pets, the burden is one that would be very difficult to meet." Indeed, the court found that the burden was not met here.  
People v. Flores   2007 WL 1683610 (Cal. App. 4 Dist.)   Defendants were tried for allegedly invading an eighty-year-old woman's home and stealing, at gun point, and holding ransom eight seven-week-old puppies and two adult female Yorkshire terriers which she bred for the American Kennel Club for about $3,000 each.  The jury held the defendants responsible for 18 counts of various crimes, including robbery, grand theft dog, elder abuse, conspiracy and cruelty to animals, inter alia.  The appellate court reversed the counts of grand theft dog which were improperly based on the same conduct as the robbery conviction, reduced the sentence on the counts for abuse of an elder, and otherwise found no additional errors.   
Pet Dealers Ass'n of New Jersey, Inc. v. Division of Consumer Affairs, Dept. of Law and Public Safety, State of N. J.   373 A.2d 688 (N.J. 1977)  

By this appeal Pet Dealers Association of New Jersey, Inc. challenges the validity of the Attorney General's regulations governing the sale of pet cats and dogs adopted pursuant to the Consumer Fraud Act, N.J.S.A. 56:8--4. Pet Dealers first contends that the regulations in question conflict with Article 2 of the Uniform Commercial Code (N.J.S.A. 12A:2--101 Et seq.) in that the regulations provide the consumer with broader remedies than are available under the Code. The court disagreed, finding that the UCC is intended to give stability and certainty to commercial transactions, not to limit otherwise valid exercise of police powers by the State. Appellant also maintains that the regulations create an invalid classification, contrary to the Equal Protection Clause. The court held the regulations are a valid act of police power that does not evince any invidious discrimination the state's part.

 
Pickford v. Masion   98 P.3d 1232 (Wa. 2004)   Plaintiffs' dog was mauled by Defendants' dogs and sustained permanent injuries.  The trial court granted summary judgment against Plaintiffs' claims of negligent and malicious infliction of emotional distress.  The Court of Appeals affirmed the grant of partial summary judgment and further held the destruction of the companionship relationship could not be extended to dogs.  
Propes v. Griffith   25 S.W.3d 544 (Mo.App. W.D., 2000)   At issue on this appeal to a punitive damages award, is whether defendant's conduct in shooting her neighbors' two dogs was privileged under a Missouri statute that allows a livestock owner to kill dogs that are in the act of chasing sheep.  The court held that there was absolutely no evidence indicating the Propes' dogs, or for that matter that any dog, was the cause of the previous attack on the Griffiths' sheep and more sheep were attacked after the dogs had been euthanized.  Upon review, the court held that the punishment and deterrence of Mrs. Griffith's conduct is the precise reason for assessing punitive damages and the award of punitive damages was not arbitrary.  
Puckett v. Miller   381 N.E.2d 1087 (Ind.App.,1978)   In this Indiana case, a dog owner brought action against a farmer for the negligent destruction of his two "coon dogs." The lower court granted the farmer's motion for involuntary dismissal, and dog owner appealed. The Court of Appeals held that the plaintiff's two dogs, at time they were shot by defendant farmer, were “roaming unattended.” This meant that an attempt to find them had been abandoned, and they were, according to defendant's uncontradicted testimony, trying to get into defendant's chicken enclosure. Thus, defendant farmer was protected in his shooting of those dogs by state statutes that provided that any dog known to have worried any livestock or fowl or any dog found roaming over the country unattended may be lawfully killed.  
Quave v. Bardwell   449 So.2d 81 (La.App. 1 Cir.,1984)   Plaintiff-appellee, Debbie Quave, filed this suit against defendant-appellant, Curtis Bardwell, seeking damages for the deliberate and unjustified killing of her german shepherd dog, Kilo Bandito. The court upheld an award of $2,650, finding that the assessment of damages for plaintiff’s dog was proper since they were based on the value paid, stud fees, medical care, loss of income, and replacement costs.  
Rabideau v. City of Racine   627 N.W.2d 795 (Wis. 2001)   Pet owner could not recover damages for negligent infliction of emotional distress after a police officer shot her dog.  While the court recognized the bond between owner and pet, public policy prevented such recovery. However, under the proper circumstances, a person could recover for intentional infliction of emotional distress for the loss of a pet.  
Richardson v. Fairbanks North Star Borough   705 P.2d 454 (Alaska, 1985)   This case concerns the proper measure of damages for the death of a pet dog caused by a municipality's negligence after the Fairbanks North Star Borough Animal Shelter violated a Borough ordinance and mistakenly killed the Richardsons' pet dog, Wizzard.  The court indicated it is willing to recognize a cause of action for intentional infliction of emotional distress for the intentional or reckless killing of a pet animal in an appropriate case.  However, the court held that in this case, the Richardsons made an offer of proof regarding their emotional distress and the evidence in the record indicates that the trial judge properly made a threshold determination that the severity of the Richardsons' emotional distress did not warrant a claim of intentional infliction of emotional distress.   
Roman v. Carroll   621 P.2d 307 (Ariz.App., 1980)   The question on this appeal is whether a plaintiff can recover damages for emotional distress she suffered from watching defendants' St. Bernard dismember plaintiff's poodle while she was walking the dog near her home.  Relying on a case that allowed damages for emotional distress suffered from witnessing injury to a third person, plaintiff contended that her relationship with her poodle was a close one within the confines of that case.  However, the court summarily denied her claim, holding that a dog is personal property and damages are not recoverable for negligent infliction of emotional distress from witnessing injury to property.  
Rowbotham v. Maher   658 A.2d 912 (R.I. 1995)   The plaintiff argues that G.L. 1956 (1987 Reenactment) § 4-13-16 permits recovery for indirect injuries, specifically including emotional trauma resulting from the destruction of property, in this instance the destruction of plaintiff's dog by two other dogs.  The court disagrees, finding that under § 4-13-16, a person may recover damages in a civil action from a dog owner where the dog causes an injury to a person or to another domestic animal, and nothing in the statute permits recovery for emotional trauma.  With regard to the negligent infliction of emotional distress claim, the court notes that in this jurisdiction a third party may recover if, inter alia, the party is a close relative of the victim, which was not the case here.   
SEIDNER v. DILL   206 N.E.2d 636 (Ind.App. 1965)  

Charles Dill, appellee, brought this action in the Municipal Court of Marion County, Indiana, therein alleging that the defendant-appellant, Harold Seidner, maliciously and intentionally shot and killed plaintiff's dog. The case essentially involved a companion animal that was shot and killed by the defendant neighbor who alleged that the dog was after his livestock. A statute in Indiana provided that a person was authorized to kill a dog “known” for “roaming” that harmed or threatened to harm the livestock. A verdict of six hundred dollars for the wrongful killing of the dog was affirmed. This case, however, was subsequently overruled  by Puckett v. Miller, 178 Ind. App. 174 (Ind. App. Ct. 1978).

 
Soucek v. Banham   524 N.W.2d 478 (Minn. App., 1994)  

Dog owner brought action for damages against city and police officers that shot his dog, seeking punitive damages.  The court observed that under Minnesota law dogs are personal property, and thus, the proper measure of compensatory damages for destroying an animal is the fair market value of the animal.  The court further held Soucek cannot recover punitive damages for the loss of his pet because he only suffered property damage. Compensatory damages for the loss of Soucek's pet are limited to the fair market value of the animal. 

 
State ex rel. Zobel v. Burrell   2005 WL 1620483 (Mo.)  

Police seized 120 neglected horses pursuant to a search warrant and a Circuit Court Judge allowed humane societies to dispose of the horses.  The owner of the horses sought a writ of mandamus against the Circuit Court Judge.  The Missouri Supreme Court held the Circuit Court Judge had jurisdiction to permit the seized horses to be disposed of and the impoundment statute was not unconstitutionally vague.

 
State v. Hanson   2004 WL 1077319 (Kansas 2004)   Defendant's dogs were released by owner, resulting in their attack of a neighbor's dog and its subsequent death.  On appeal, the conviction was reversed for failure to show owner had knowledge of vicious propensity.  
State v. Lesoing-Dittoe   693 N.W.2d 261 (Neb. 2005)   A married couple owned a pet dog that had a history of injuring other dogs.  The married couple's dog injured a neighbors dog and, under a Nebraska Statute, was ordered to be destroyed.  The Supreme Court of Nebraska reversed the decision holding the penalty was unreasonable.  
Strawser v. Wright   610 N.E.2d 610 (Ohio App. 12 Dist., 1992)   Plaintiff sued defendant dog breeders after defendants misrepresented that the dog had been vaccinated as a newborn against Parvo.  In affirming the trial court's grant of summary judgment to defendants on the issue of negligent infliction of emotional distress the court noted that dogs are considered property in Ohio.  While the court sympathized "with one who must endure the sense of loss which may accompany the death of a pet; however, we cannot ignore the law . . . Ohio law simply does not permit recovery for serious emotional distress which is caused when one witnesses the negligent injury or destruction of one's property."  
Thurston v. Carter   92 A. 295 (Maine, 1914)   This action of trespass is brought for the recovery of damages for the killing of the fox hound of plaintiff by defendant.  Defendant claimed that he shot and killed the plaintiff's dog while it was chasing and worrying a cat belonging to and upon the land of the defendant. After the introduction of all the evidence, the court ordered a verdict for defendant. To this direction, plaintiff filed his bill of exceptions in which it is stipulated that if a cat is a domestic animal, the ruling below is to stand, otherwise judgment is to be entered for plaintiff in the sum of $50.  
Trautman v. Day   273 N.W.2d 712 (N.D. 1979)   In Trautman v. Day, 273 N.W. 2d 712 (N.D. 1979), defendant shot plaintiff’s dog when it ran through defendant’s herd of cows. The court affirmed a verdict of $300 for plaintiff’s dog. In addition, the Court declined to apply the defense of immunity based on a statute concerning the “worrying of livestock.  
Warboys v. Proulx   303 F.Supp.2d 111 (D. Conn. 2004)   Pitbull owner filed suit seeking compensatory damages arising from the shotting and killing of his dog by police.  Defendants removed the action based on federal question jurisdiction and moved for summary judgment, and the dog owner moved to amend the complaint.  Motions granted.  
Webber v. Patton   558 P.2d 130 (Kan. 1976)   Veterinary costs and consequential losses are also allowed in determining damages, according this Kansas case. It should be noted that the animal at issue here was a domestic pig versus a companion animal, and the award of damages was secured by a statute that allows recovery for all damages for attacks on domestic animals by dogs.  
WERTMAN v. TIPPING   166 So.2d 666 (Fla.App., 1964)  

The plaintiffs, owners of a seven-year-old trained, registered full blood German Shepherd dog, sued the defendants for the loss of this dog from the kennels at the animal hospital owned and operated by the defendant. The dog had been boarded at defendant's place and while there escaped from the kennel and was never found. This case set the wheels in motion for companion animals damages in Florida when the court affirmed a verdict of $1000, for a purebred dog. The court declined in only applying the fair market value and held that recovery could include special or pecuniary value to the owner.

 
Williams v. McMahan   2002 WL 242538 (Wa. 2002) </