Cases

Case namesort descending Citation Summary
Perez v. County of Monterey --- Cal.Rptr.3d ---- 2019 WL 621483 (Cal. Ct. App. Feb. 14, 2019) In this California case, the plaintiffs sued to challenge the validity of the County of Monterey rooster-keeping ordinance, seeking a declaratory judgment that the law is unconstitutional. The ordinance limits residents to no more than four roosters on a single property without a rooster keeping permit and also describes care and keeping requirements. The trial court found that the ordinance did not violate the constitution and entered judgment for the City. Plaintiffs here appeal that decision, arguing that the ordinance: (1) takes property without compensation in violation of the Fifth Amendment to the United States Constitution; (2) infringes on Congress’ authority to regulate interstate commerce; (3) violates the Equal Protection clause of the Fourteenth Amendment to the United States Constitution; (4) is a prohibited bill of attainder; and (5) violates the rights to privacy and to possess property guaranteed by the California Constitution. With respect to the Fifth Amendment taking challenge, the court found that the regulatory takings argument failed because there is no evidence that the ordinance affected plaintiffs or that they even applied for or were eligible for a permit. As to the interstate commerce challenge, plaintiffs provided no evidence that the ordinance would cause excess roosters to be divested from owners and sold in commerce to support this claim. As to Equal Protection, the plaintiffs correctly assert that the ordinance treats people differently based on age (i.e., students engaged in 4-H or FFA activities are exempted from the four-rooster limitation). However, the court found that the county stated a legitimate objective of public health and safety and this differential treatment of a non-suspect class advances that interest. Finally, the court found the ordinance was not a bill of attainder since it prospectively regulates roosters and also that it does not violate California's right to privacy and property possession. Indeed, the court found that plaintiff did not identify a specific privacy interest implicated by the ordinance. Thus, the judgment was affirmed.
Perfect Puppy, Inc. v. City of E. Providence, R.I. 807 F.3d 415 (1st Cir. 2015) Perfect Puppy signed a lease with a building located in the city of East Providence on April 26, 2014. Perfect Puppy intended to use the building to sell puppies and was given a “Pet Shop” license by the state of Rhode Island. On June 3, 2014, East Providence passed an ordinance banning dog and cat sales and as a result, Perfect Puppy filed suit against the city for a “facial-taking.” A “facial-taking” is when “an ordinance’s mere enactment amounts to a taking.” On appeal, the court held that it did not have jurisdiction over Perfect Puppy’s facial-taking claim because Perfect Puppy needed to file suit for compensation against the city and get rejected before the issue could be determined by this court. As a result, the court remanded the case back to the state court to be decided.
Perfect Puppy, Inc. v. City of East Providence 98 F.Supp.3d 408 (D.R.I. 2015) Due to public concern about puppy mills, City passed an ordinance banning pet stores located within its limits from selling dogs and cats unless those animals were owned by a city animal shelter or animal control agency, humane society, or non-profit rescue organization and the pet store maintained those animals for the purpose of public adoption. In its Amended Complaint, Plaintiff, a pet store, raised numerous challenges to the ordinance under the Constitutions of the United States and of Rhode Island, claiming that it violated the dormant Commerce Clause, the Contract Clause, the Takings Clause, and Plaintiff's equal protection and due process rights, and that it was preempted by state statute. Plaintiff and Defendant both sought summary judgment to all challenges. Plaintiff's motion was DENIED and Defendant's motion was GRANTED to all counts in Plaintiff's Amended Complaint except Count Three, the Takings claim, which was REMANDED to the Rhode Island Superior Court. (2016: Affirmed in part and appeal dismissed in part at 807 F.3d 415, 417 (1st Cir. 2015)).
Perkins v. Hattery 155 N.E.2d 73 (Ohio App. 1958)

This Ohio case examined the propriety of a county dog warden killing a dog that had killed a sheep nine hours before such seizure.  The Court of Appeals held that dog warden was not authorized to destroy or otherwise dispose of a duly licensed dog found and seized by such warden upon the premises of its owner following a complaint made to the warden by the owner of sheep that the dog had killed certain of his sheep approximately nine hours before such seizure.

Perpetual Trustees Tasmania Ltd v State of Tasmania [2000] TASSC 68

A testatrix bequeathed a part of her estate to be used in support of 'animal welfare'. It was held that this constituted a charitable trust as the purpose was so predominantly charitable that the intention was to be assumed and that even if that portion of the estate could be used for non-charitable purposes, this was in a manner allowed under the Wills Act 1992 (Tas).

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.

Pet Fair, Inc. v. Humane Society of Greater Miami 583 So.2d 407 (Fl. 1991) The owner of allegedly neglected or mistreated domestic animals that were seized by police could not be required to pay for costs of animals' care after it was determined that owner was in fact able to adequately provide for the animals, and after the owner declined to re-possess the animals. The Humane Society can require an owner to pay it costs associated with caring for an animal if the owner re-claims the animal, but not if the animal is adopted out to a third party.
PETA v. Tri-State Zoological Park 424 F. Supp. 3d 404 (D. Md. 2019), aff'd, 843 F. App'x 493 (4th Cir. 2021) PETA brought this action against defendants Tri-State Zoological Park of Western Maryland, Inc., Animal Park, Care & Rescue, Inc., and Robert Candy (collectively, “Tri-State”). Prior to this lawsuit, Tri-State was home to two lemurs, five tigers, and two lions which are all protected under the Endangered Species Act (“ESA”). More than half of the protected species housed at Tri-State died. PETA alleged violations of the ESA. PETA contended that the animals were subjected to harm and harassment and that Tri-State committed a “take” as defined by the ESA as a result of unsanitary living conditions, poor diets, and inadequate shelter and enrichment. The district court found that PETA had standing to bring suit. The court also found that each of the respective animals had been subjected to a take under the ESA. The court ultimately held that it would enter a separate order declaring that the Defendants violated the ESA by unlawfully taking the remaining big cats and maintaining possession of them. The Court permanently enjoined the Defendants from ever owning or possessing any endangered or threatened species and terminated the Defendants’ ownership and possessory rights to the animals. The Defendants’ motion to stay was denied.
Petco Animal Supplies, Inc. v. Schuster 144 S.W.3d 554 (Tex.App.-Austin,2004)

In this Texas case, a dog owner brought an action against a Petco groomer for damages when her dog was killed after escaping from the pet groomer and running into traffic. The trial court entered a default judgment in favor of the owner and awarded damages. The Court of Appeals, held that the dog owner was not entitled to damages for mental anguish, absent pet store's ill-will, animus or desire to harm her personally. Moreover, the owner was not entitled to intrinsic value damages, lost wages, or counseling expenses.

Petconnect Rescue, Inc. v. Salinas Slip copy, 2021 WL 5178647 (S.D. Cal. Nov. 8, 2021) Plaintiffs are animal rescue organizations and an individual consumer alleging that the Defendants import non-rescue dogs into California and sell these dogs under the fraudulent misrepresentation that the dogs are rescued animals. Plaintiffs allege that the Rothman Defendants broker the sale of dogs bred for profit from “puppy mills” in the Midwest to pet stores in southern California which harms consumers by defrauding them and making them believe they are adopting a "rescue animal" (what the Plaintiffs have termed as "pet laundering"). In addition, plaintiffs alleged Lanham Act violations for trademark infringement. Before the court is a motion to dismiss filed by Defendants. In denying the motion to dismiss, the court held that Plaintiffs alleged sufficient facts to state a claim that the Moving Defendants engaged in a fraudulent scheme to sell non-rescue dogs as rescue dogs under the “Pet Connect Rescue” name.
PetConnect Rescue, Inc. v. Salinas Not Reported in Fed. Supp., 2020 WL 2832468 (S.D. Cal. June 1, 2020) PetConnect Rescue, Inc., Lucky Pup Dog Rescue.com and Sarah Gonzalez (“Plaintiffs”) alleged that the Defendants fraudulently represented dogs that the Defendants sold as rescue animals in order to circumvent California law prohibiting the sale of non-rescue dogs in pet stores. On April 6, 2020, Plaintiffs filed an amended complaint against the Defendants alleging trademark infringement and dilution under the Lanham Act, unfair business practices under California’s Unfair Competition Law (“UCL”) and violations of California’s Consumer Legal Remedies Act (“CLRA”), fraud, and accounting. Several Defendant filed motions to dismiss and to strike sections of the amended complaint. The United States District Court for the Southern District of California found that Plaintiff PetConnect alleged a cognizable injury in fact in that the Defendants’ use of an infringing mark harmed Plaintiff PetConnect Rescue’s reputation and caused consumer confusion. The Defendants’ Pet Connect Rescue, Inc. brokered the sale of dogs from puppy mills rather than rescue dogs which affected Plaintiff PetConnect’s reputation. The Court also found that Plaintiff PetConnect Rescue raised a claim within the Lanham Act’s zone of interests because the Lanham Act’s protections extended to non-profit organizations’ use of marks, even when those marks do not accompany a sale. The Court refused to dismiss Plaintiffs claims regarding trademark infringement. The Court also refused to dismiss the Plaintiff’s claims under the Lanham Act because the matter of whether Plaintiff’s mark was distinct and had acquired a secondary meaning was a matter more appropriate when the evidentiary record becomes further developed. As for the Unfair Competition claim, the Court found that the Plaintiffs had alleged sufficient facts to state a UCL violation. The Court subsequently rejected the Defendants’ motions to strike thirty-four lines or phrases from the amended complaint because Plaintiff’s use of the terms “puppy mill,” and the allegations that Defendants operate “fake” entities that “induce” purchases, reflected Plaintiff’s allegations of fraud and misrepresentation. The Court found that the Plaintiffs’ references were pertinent to the Plaintiff’s allegations. The Court ultimately denied each of the Defendant’s motions to dismiss and strike.
Petersheim v. Corum 815 N.E.2d 1132 (Ohio, 2004)

Driver struck bull that had wandered onto a public highway and driver was killed.  Court of appeals ruled for wife in a wrongful death action against the bull's owner.  The owner had a duty to take reasonable precautions to prevent the bull's escape.

Peterson v. Eichhorn 189 P.3d 615 (Mont., 2008)

In this Montana case, the plaintiff brought claims for negligence, strict liability for abnormally dangerous domestic animal, and punitive damages against the defendant horse owner. She alleged that defendant's horse bit her while she was on land defendant used for pasturing the horse that adjoined her land. After the lower court granted summary judgment to the defendant, the plaintiff appealed. The Supreme Court held that even though the Montana Supreme Court has not adopted the provision of the Second Restatement of Torts regarding an animal owner's strict liability for injury caused by an abnormally dangerous domestic animal, this was not the test case to do it. The court found that Peterson failed to produce any evidence or legal authority that the horse's biting constituted a “dangerous propensity abnormal to her class” to bring her under the Restatement's strict liability.

Pfeil v. Rogers 757 F.2d 850 (7th Cir. 1985)

Where sheriffs deputies acted in accordance with applicable state laws, there was no violation of Fourth Amendment rights in the shooting of plaintiff's dogs.

Pflaum v. Summit Cty. Animal Control 92 N.E.3d 132 (OhioApp.2017) Defendant appealed a trial court determination that his dog was dangerous under Ohio law. The designation stemmed from an incident in 2015, where defendant's dog and another dog began to fight. A neighbor attempted to break up the fight and was subsequently bitten on the hand. A week after that incident, the local deputy dog warden gave the defendant notice that there was cause to believe his dog was dangerous due to the bite on the hand. The magistrate found the dog did not meet the statutory definition of a dangerous dog. Animal control then appealed the magistrate's decision and the trial court agreed, finding that animal control demonstrated by clear and convincing evidence that the dog was dangerous. At the Court of Appeals, Pflaum argued that the trial court abused its discretion in overturning the magistrate's decision. The court observed that the neighbor's striking of the Pflaum's dog during the fight fell within the concept of "torment" for purposes of determining provocation. While the neighbor's action were "well-intentioned," the issue of whether a person "tormented" a dog does not depend on whether there was a malicious intent. Thus, there was not clear and convincing evidence that the dog acted without provocation when it caused injury to a person. The trial court was reversed and the cause remanded.
Phillip v. State 721 S.E.2d 214 (Ga.App., 2011)

Defendant was sentenced to 17 years imprisonment after entering a non-negotiated guilty plea to 14 counts of dogfighting and two counts of aggravated cruelty to animals. Upon motion, the Court of Appeals held that the sentence was illegal and void because all counts, which were to run concurrently, had the maximum prison sentence of five years.

Phillips v. North Carolina State University 697 S.E.2d 433 (N.C.App.,2010)

University operated a horse breeding management facility. Industrial Commission found that University was negligent in broodmare's death that occurred during transport. The Court of Appeals held that mare’s owners were entitled to lost profit for a single breeding cycle.

Phillips v. San Luis Obispo County Dept. 228 Cal.Rptr. 101 Cal.App. (2 Dist.,1986)

In this case, the owners of dog petitioned for writ of mandamus requesting vacation of destruction order and declaration that ordinances under which the dog was seized were unconstitutional.  The Court of Appeal held that due process required that owners have hearing prior to seizure of or destruction of dog (a property interest) and that a "courtesy hearing" did not satisfy due process requirements.  Further, the court concluded that the ordinances here were unconstitutional for failing to provide for notice and a hearing either before or after the seizure of an uncontrollable biting or vicious dog. 

Physicians Committee For Responsible Medicine v. Tyson Foods, Inc. 13 Cal.Rptr.3d 926 (Cal.App. 1 Dist.,2004)

In this California case, PCRM, a nonprofit health-advocacy organization, filed suit for injunctive relief against Tyson alleging that the company made false and deceptive representations about chicken products that it sold to consumers in California. The complaint alleges that Tyson engaged in two advertising campaigns, which disseminated false and deceptive statements about its products in violation of Business and Professions Code section 17500. Tyson filed a motion to strike under California’s anti-SLAPP (strategic lawsuits against public participation) statute. On appeal, the Court of Appeal held that the amendment to the anti-SLAPP statute, which was enacted while the appeal was pending did not apply to actions against sellers of goods as to the representations about or promotions of those goods. Further, by holding that Tyson was not entitled to invoke the anti-SLAPP remedy, the court stated that it did not compromise or prejudice Tyson’s right to raise First Amendment issues in defense of PCRM's suit .

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.

Pine v. State 889 S.W.2d 625 (Tex. App. 1994).

Mens rea in cruelty conviction may be inferred from circumstances. With regard to warrantless seizure, the Fourth Amendment does not prohibit seizure when there is a need to act immediately to protect and preserve life (i.e. "emergency doctrine").

Pitts v. State 918 S.W.2d 4 (Tex. App. 1995).

Right of appeal is only available for orders that the animal be sold at public auction. The statutory language does not extend this right to seizure orders.

Placey v. Placey 51 So.3d 374 (Ala. Civ. App., 2010)

The appellate court held that the Protection from Abuse Act authorized the trial court to determine and award ownership of Preston the dog in a domestic violence dispute between a mother and daughter. It then awarded ownership rights to the mother because took better care of the Preston and it was in his best interest.

Pless v. State 633 S.E.2d 340 (Ga. App., 2006) In this Georgia case, the defendant was convicted by a jury in the trial court of two counts of failure to keep an animal under restraint and one count of allowing an animal to become a public nuisance. Defendant appealed, challenging the sufficiency of the evidence. The appellate court found that the evidence showed that in the months prior to the July 14 and August 1 incidents, Pless's dogs were repeatedly found loose in neighbors' yards and garages. Accordingly, evidence supported the conviction on the charge of allowing an animal to become a public nuisance under § 3-4-7(5). ("Public nuisance" is defined, among other things, as any animal which "[i]s found repeatedly at large."). On certiorari review, the Georgia Supreme Court in State v. Pless, 646 S.E.2d 202 (Ga. 2007) reversed judgment of Pless v. State, 633 S.E.2d 340 (Ga. App. 2006), and the case was then sent to Pless v. State, 648 S.E.2d 752 (Ga. App. 2007) on remand.
Pless v. State 648 S.E.2d 752 (Ga. App. 2007)

In this Georgia case, the defendant was convicted by a jury in the trial court of two counts of failure to keep an animal under restraint and one count of allowing an animal to become a public nuisance. On appeal, the appellate court affirmed the defendant's conviction with the exception of that portion of his sentence requiring him to reimburse the county for his court-appointed attorney fees. The Supreme Court of Georgia, however, reversed the appellate court's holding and ruled that the trial court was authorized to impose the reimbursement of attorney fees as part of the sentence. On remand, the appellate court vacated that portion of its opinion that reversed the imposition of attorney fees and adopted the Supreme Court's opinion as its own;  all other respects of the appellate decision, Pless v. State, 633 S.E.2d 340 (Ga. App., 2006), remain undisturbed.

Plotnik v. Meihaus 146 Cal.Rptr.3d 585 (Cal. App. 3 Dist.)

A long history of bad neighborly relations resulted in the plaintiffs' dog sustaining injuries from being hit with a baseball; the injuries required surgery and post-operative care. While the plaintiffs brought many causes of actions against their neighbors, a father and his two sons, this case is significant in the realm of animal law because it held that a pet owner may recover for emotional distress under the trespass to personal property cause of action. The court, however, would not allow the plaintiffs to recover for their dog's injuries under the intentional infliction of emotional distress cause of action because they would have recovered duplicative damages for the same transactional event.

Pometti, Hugo c/ Provincia de Mendoza s/ acción de amparo Id SAIJ: FA17190000 This is an action of protection or "accion de amparo” filed by Hugo Edgardo Pometti against the Province of Mendoza in The Court of Associated Judicial Management No. 2 of Mendoza. The Petitioner sought to stop the transfer of the chimpanzee Cecilia to the sanctuary located in Brazil and to keep her in the Zoo of Mendoza in order to preserve the natural and cultural heritage and the biological diversity. The petitioner also requested a precautionary action to not transfer the chimpanzee until decision on the the action of amparo was issued.
Porter v. DiBlasio 93 F.3d 301 (Wis.,1996)

Nine horses were seized by a humane society due to neglect of a care taker without giving the owner, who lived in another state, notice or an opportunity for a hearing. The owner filed a section 1983 suit against the humane society, the county, a humane officer and the district attorney that alleged violations of substantive and procedural due process, conspiracy, and conversion. The district court dismissed the claims for failure to state a viable claim. On appeal, the court found that the owner had two viable due process claims, but upheld the dismissal for the others.

Portillo v. Aiassa 32 Cal.Rptr.2d 755 (1994)

In this California case, the plaintiff delivered beer to Race Street Liquors.   As he was leaving the store, he was attacked by a German shepherd   owned by the tenant.   The jury found appellant-landlord did not have actual knowledge of the dog's dangerous propensities prior to renewing the commercial lease.   However, the jury found that he would have learned of the dog's dangerous propensities if he had exercised reasonable care in the inspection of his property and that he was negligent in failing to eliminate this dangerous condition. 

Posnien v. Rogers 533 P.2d 120 (Utah 1975)

The plaintiff sought to recover damages for the defendant's negligence in the diagnosis and the treatment of plaintiff's brood mare, which resulted in the mare's infertility. Plaintiff was required to show that Dr. Rogers did not exercise the care and diligence as is ordinarily exercised by skilled veterinarians doing the same type of work in the community, and that the failure to exercise the required skill and care was the cause of the injury. Experts testified at trial that the care exercised by Dr. Rogers met the standard of care of veterinarians practicing in the area, and had they been treating the mare, the treatment would not have differed substantially from that of Dr. Rogers.  The Supreme Court held that the record is clear that the plaintiff failed to sustain his burden that the care of Dr. Rogers did not meet the standard of care of other practitioners practicing in the community.

Powell v. Adlerhorst Int'l, Inc. 2015 WL 6756126 (D. Or. Nov. 4, 2015) (unpublished) The plaintiff in this case brought suit after suffering a dog bite from a service dog that was purchased from defendant. The defendant was a corporation that purchased dogs from Europe and then sold them to police agencies to be used as service dogs. Plaintiff (a police officer with the Sherwood Police Department) filed suit asserting both a strict product liability and negligence claim for injuries sustained from dog bites. At issue here is whether the dog was defective and unreasonably dangerous at the time the defendant sold it to the City of Sherwood. Defendant moved for summary judgment and the court denied the motion. The court ultimately held that a reasonable jury could find that defendant should have known about the dog’s aggressive behavior before selling it to plaintiff, thus making it liable for damages.
Powell v. Johnson 855 F. Supp. 2d 871, 877 (D. Minn. 2012) Blu, a pit bull was shot in the head and killed after Officer Johnson entered the pit bull’s yard. The Plaintiffs, who were owners of Blu, filed a complaint asserting a: violation of the Fourth and Fourteenth Amendments by shooting and killing Blu (Count I); violation of Plaintiffs' constitutional rights due to the City's failure to adequately hire, train, and supervise Johnson (Count II); intentional infliction of emotional distress (Count III); negligent hiring, supervision, and retention of Johnson (Count IV); vicarious liability (Count V); and trespass and conversion (Count VI). The Defendants, Officer Johnson and the City of Minneapolis, filed a Motion for Summary Judgment. The court held that the Motion would be granted in part. The court reasoned that Blu was property, rather than a person, for Fourth Amendment purposes and the officer's shooting and killing of Blu constituted a “seizure.” However, the court concluded that Officer Johnson was entitled to qualified immunity on Plaintiffs' Fourth Amendment claim. The court reasoned that it was not unreasonable for the Officer to perceive a threat to his safety when the large pit bull jogged up behind him. The court also held that The Motion for summary judgment was granted as to the remaining claims because the evidence in the record, failed to establish a constitutional violation by Defendants.
Powell v. Johnson 855 F.Supp.2d 871 (D. Minn. 2012) While searching for a person involved in a shooting, a police officer happened upon the plaintiff’s home and noticed the garage door and opening to the backyard were open. Upon finding nothing suspicious, he began to leave the area. The plaintiff’s dog caught sight of the officer and began walking toward him, eventually running towards him, the officer claimed. The officer then pulled out his service revolver and fired one shot, killing the dog instantly. The plaintiff claimed, inter alia, violations of his Fourth and Fourteenth Amendment rights, intentional infliction of emotional distress, and negligent hiring and supervision on the part of the officer and municipality. The court held that the plaintiff did not meet his burden in defeating the officer’s qualified immunity, as the officer’s account of the incident constituted a reasonable seizure.
Prasad v. Wepruk 2004CarswellBC946

Plaintiff Prasad, an elderly newpaper-deliverer, was attacked in the street by defendant owner Wepruk's usually chained guard-dog, which escaped due to a rusted chain. The court found the defendant strictly liable under the doctrine of scienter's subjective test: he knew the dog was aggressive, but kept it anyway and it harmed Prasad. He was also liable under the objective test for negligence, for not taking reasonable precautions to ensure the dog's chain was in good repair, in order to prevent foreseeable harm to others.  damages of $35,000 were awarded for Prasad's injuries and lost future earnings.

Pratt v. Pratt 1988 WL 120251 (Minn. Ct. App. Nov. 15, 1998) (unpublished opinion).

A childless, divorcing couple sought divorce; trial court awarded couple's registered dogs to wife based on the best interest standard used for determination of custody of children.  Appellate court held the best interest statute inapplicable to dogs, but stated that the trial court can award dogs based on evidence of mistreatment of the dogs by one of the parties.  Because the trial court's determination had a reasonable basis in fact, the appellate court affirmed its decision.

Pray v. Whiteskunk 801 N.W.2d 451 (S.D., 2011)

In this South Dakota case, the plaintiff suffered a broken knee after Defendant's Rottweiler brook loose from its owner and ran toward the street, causing plaintiff to fall. Plaintiff brought an action for damages against both the dog owner and the city, specifically alleging the the city knew the dog was dangerous and failed to enforce its vicious animal ordinance. On appeal of the granting of summary judgment for the city, this court found that plaintiff failed to establish that the action taken by the city caused the harm to Pray or exposed her to greater risks, thereby leaving her in a worse position than she was in before the city took action. While this Court found that the city had actual knowledge of the dog's dangerousness, this alone is insufficient.

Prays v. Perryman 262 Cal.Rptr. 180 (Cal.App.2.Dist.)

In an action by a commercial pet groomer against a dog owner for injuries suffered by a dog bite, the trial court found as a matter of law that plaintiff had assumed the risk of a dog bite, and on that basis granted summary judgment in defendant's favor. At the time plaintiff was bitten, she had not yet begun to groom the dog and, in fact, had expressed to defendant her concern whether it was safe for her to do so since the dog was excited and growling. The Court of Appeal reversed. Assuming the veterinarian's rule extended to pet groomers, making the defense of assumption of risk available, it held that plaintiff had not as a matter of law assumed the risk of being bitten since, at the time of the bite, the dog was still under the exclusive control of defendant, who had uncaged it and was holding it on a leash.

Presidential Village, LLC v. Phillips 325 Conn. 394, 397, 158 A.3d 772 (2017) In this case, a landlord brought a summary process action against a tenant who lived in the federally subsidized apartment, based on tenant's keeping of “emotional support dog” in violation of a pet restriction clause in the tenant's lease. The trial court entered judgment in favor of tenant, based on equity, and the landlord appealed. The appeal was transferred to the Supreme Court of Connecticut. The Court held that: 1) appeal was not rendered moot by landlord's commencement of second summary process action against tenant, which was dismissed; 2) trial court could not rely on “spirit” of Department of Housing and Urban Development in exercising equitable discretion to enter judgment in favor of tenant; 3) trial court abused its discretion in applying doctrine of equitable nonforfeiture; and 4) summary process action was “civil action” to which medical treatment report exception to hearsay rule could be applied to allow for admission of letter from physician and social worker of tenant's niece concerning dog's benefit to niece. Reversed and remanded.
Price v. Brown 680 A.2d 1149 (Pa. 1996)

The issue presented in this appeal is whether a complaint based upon an alleged breach of a bailment agreement states a cause of action for injury or death suffered by an animal that has been entrusted to a veterinarian for surgical and professional treatment.  The court agreed with the trial court that the purpose for which an animal is entrusted to the care of a veterinarian is a material fact that must be considered in determining whether a plaintiff's complaint states a cause of action as a matter of law, and that Price's complaint failed to state a cause of action for professional negligence.  The court held that allegations of breach of a bailment agreement are insufficient to state a cause of action against a veterinarian who has performed surgery on an animal when the animal suffers an injury as a result or does not survive the surgery.  

Price v. Brown, V.M.D. 131 Montg. Co. L. R. 150 (1994) Plaintiff's bull dog went to defendant veterinarian for surgery to correct a prolapsed urethra. The dog died a few days later. The plaintiff then sought to recover the value of the dog on a strict theory of bailment. Defendant filed a preliminary objection asserting that this doctrine was inapplicable and could not afford relief. The court held that the plaintiff had failed to state a claim from which relief could be sought and dismissed the complaint. The court, however, allowed the plaintiff to amend the compliant.In holding to sustain the defendant's preliminary objection, the court reasoned that since veterinarians are part of a professional discipline, in order to recover damages for the injury or the death to an animal entrusted to a veterinarian's care, a plaintiff must prove professional negligence instead of a bailiff arrangement.
Price v. State 911 N.E.2d 716 (Ind.App.,2009)

In this Indiana case, appellant-defendant appealed his conviction for misdemeanor Cruelty to an Animal for beating his 8 month-old dog with a belt. Price contended that the statute is unconstitutionally vague because the statute's exemption of “reasonable” training and discipline can be interpreted to have different meanings. The court held that a person of ordinary intelligence would also know that these actions are not “reasonable” acts of discipline or training. Affirmed.

Priebe v. Nelson 140 P.3d 848 (Cal. 2006)

A kennel worker who was bitten by a dog while the dog was in the care of the kennel sued the owner of the dog under a theory of strict liability under a statute and under the common law. The court found that the dog owner was not liable to the kennel worker because under the "veterinarian's rule," the kennel owner had assumed the risk of being bitten by the dog.

PRIETO, GERMÁN LUIS C/ COLONNA LUCIANA ANDREA – ORDINARIO – EXPTE. N° 450237 "PRIETO, GERMÁN LUIS C/ COLONNA LUCIANA ANDREA – ORDINARIO – EX Sentencia número 86 de la Cámara de Apelaciones de lo Civil y Comercial y en lo Contencioso Administrativo, de la ciudad de Río Cuarto de 26 de octubre de 2012 Este caso involucra una disputa entre German Luis Prieto (demandante) y Luciana Andrea Colonna (demandada) sobre la propiedad de bienes muebles. El demandante alega haberlos adquirido durante su convivencia con la demandada y busca su restitución. La demandada argumenta que los bienes son parte de un patrimonio común debido a su relación de convivencia y sociedad de hecho, y niega la obligación de devolverlos. El tribunal, luego de analizar los argumentos, determina que el demandante tiene derecho a la restitución de los bienes, excepto en el caso del perro "Bauty", al considerar que este último ha desarrollado un vínculo emocional significativo con la demandada, y que su entrega podría causar un sufrimiento innecesario. En consecuencia, se revoca parcialmente la sentencia inicial, se ordena la restitución de los bienes y se le permite a la demanda quedarse con el canino.
PRIETO, GERMÁN LUIS C/ COLONNA LUCIANA ANDREA, EXPTE. N° 450237 Sentencia definitiva numero: 86 "PRIETO, GERMÁN LUIS C/ COLONNA LUCIANA ANDREA – ORDINARIO – EXPSentencia número 86 de la Cámara de Apelaciones de lo Civil y Comercial y en lo Contencioso Administrativo, de la ciudad de Río Cuarto de 26 de octubre de 2012 This case revolves around a dispute between German Luis Prieto (the plaintiff) and Luciana Andrea Colonna (the defendant) regarding the ownership of personal property acquired during their cohabitation. The plaintiff claimed sole ownership of the property assets and sought their return, while the defendant argued that these assets constituted community property acquired for their shared residence during their relationship. Additionally, the defendant claimed that the plaintiff granted her exclusive possession and gifted the property to her upon their separation, relieving her of any obligation to return it. The court held that the plaintiff had the right to take back the property, with the exception of Bauty, considering that the latter had developed a significant emotional bond with the defendant and that his surrender could cause unnecessary suffering. In the judge's view, dogs were not mere "things." Consequently, the judge upheld the lower court's decision in part, ordering all the assets to be returned to the plaintiff. At the same time, the defendant was allowed to retain custody of the canine companion.
Prindable v. Association of Apartment Owners of 2987 Kalakaua 304 F.Supp.2d 1245 (D. Hawaii, 2003)

Condominium resident filed a complaint alleging the housing authority violated the Federal Fair Housing Amendments Act by failing to waive the "no pets" as a reasonable accommodation for his handicap. The court held that where the primary handicap is mental or emotional in nature, an animal "must be peculiarly suited to ameliorate the unique problems of the mentally disabled," and granted the housing authority's motion for summary judgment on the issue of the housing authority's failure to make a reasonable accommodation under the FHA.

Progressive Animal Welfare Society v. Department of Navy 725 F. Supp. 475 (1989)

The Progressive Animal Welfare Shelter ("PAWS") and fourteen other environmental and animal rights groups brought this action for a preliminary injunction against the Navy's plan to "deploy" Atlantic bottlenose dolphins at the Bangor submarine base.

Pron v. Tymshan 79 Misc. 3d 1235(A), 192 N.Y.S.3d 917 (N.Y. Civ. Ct. 2023) This case was filed by the previous owner (plaintiff) of an Abyssinian cat named Murchik, who was seeking to recover possession of the cat. Plaintiff took care of the cat for several years, but eventually lost their job and their housing, and needed to give the cat to a friend (defendant) who agreed to house the cat while plaintiff was living in a shelter. Plaintiff and defendant eventually disagreed over who was the rightful owner of the cat, with plaintiff insisting that defendant was temporarily watching the cat and defendant insisting that they were the rightful owner of the cat. Plaintiff filed this case to repossess the cat. The court considered that New York law traditionally treated companion animals as personal property, and the party with the superior possessory right to the animal would be awarded the animal. However, the court was moving towards a "best for all concerned" standard, which would consider factors such as why each party would benefit from possession of the pet, and under whose possession the cat would have a better chance of thriving. The court found that plaintiff had the superior possessory right in the cat, since plaintiff was the original purchaser of the cat and there was no evidence that plaintiff intended to give the cat to defendant permanently. The court then looked to the other factors, and found that since plaintiff's living situation had stabilized, both parties were equally capable of ensuring the cat would thrive in their care. However, since plaintiff had cared for the cat for over five years, and defendant had cared for the cat for under a year, plaintiff had a slight advantage in showing they could care for the cat. Therefore, the court awarded possession of the cat to plaintiff.
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.

Protect Our Communities Foundation v. Jewell 2014 WL 1364453 (Only the Westlaw citation is currently available.) The Protect our Communities Foundation challenged the Bureau of Land Management's Record of Decision authorizing development of a utility-scale wind energy facility on public lands in San Diego County, arguing that BLM's approval of a right-of-way violated the National Environmental Policy Act, the Migratory Bird Treaty Act, and the Bald and Golden Eagles Protection Act. The Court found that BLM did consider several alternatives to the proposed Project, took a "hard look" at the environmental consequences, and did not improperly defer specification and analysis of mitigation measures. The Court also held that Federal agencies are not required to obtain a permit before acting in a regulatory capacity to authorize activity, such as development of a wind-energy facility, that may incidentally harm protected birds. The Court denied the plaintiff's motion for summary judgment and granted the defendants' cross motions for summary judgment.
Protect Our Communities Foundation v. Jewell 825 F.3d 571 (9th Cir. 2016) In this case, various environmental groups filed suit against the Bureau of Land Management (BLM) and the Department of the Interior, arguing that the BLM should not have granted right-of-way on federal lands to a proposed energy project because the project would violate the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act. The plaintiffs also argued that the BLM’s environmental impact statement (EIS) for the project was not sufficient according to the National Environmental Policy Act (NEPA). Ultimately, the court held in favor of the defendants and found that the EIS was sufficient under the NEPA and that by granting the right-of-way, BLM was not violation the MBTA or the Bald and Golden Eagle Protection Act. The court found that the EIS was sufficient under the NEPA because it included all the necessary information and was broad enough as to not force the BLM into automatically accepting the proposal. Additionally, the court held that the BLM was not in violation of the MBTA or the Bald and Golden Eagle Protection Act because the BLM was acting in a “purely regulatory capacity” and the BLM’s action could directly or proximately cause a violation under the MBTA or the Bald and Golden Eagle Protection Act.

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