United States

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Titlesort descending Summary
Daniels v. Drake Plaintiff Damon Daniels appeals from the trial court's entry of summary judgment in favor of defendants, the Drakes. The incident stems from an unprovoked dog bite at defendants' home. The Drakes live on a large, rural property in Indiana with no neighbors. The Drakes own five dogs including "Max," a large Great Dane. Max would roam the property unrestrained. Daniels is a FedEx driver. In September of 2020, Daniels entered the property to deliver a package. Upon approaching the residence, Daniels honked his horn a couple times to get the attention of Lisa Drake. Daniels, who was still inside the vehicle, asked Lisa if Max was "okay," to which Lisa indicated a "thumbs up." However, after walking toward Lisa with the package, Max barked once and then bit Daniels in the abdomen. Daniels sustained puncture wounds, a one-centimeter laceration, swelling and a hematoma from the bite. Approximately two months later, Daniels filed the instant complaint seeking damages related to the dog bite. The Drakes filed a motion for summary judgment claiming that they did not have actual knowledge of Max's vicious propensities prior to the bite. In response, Daniels contended that Great Danes have a "natural propensity" to be territorial, which is exacerbated by isolation. The trial court granted summary judgment in favor of defendants. On appeal here, the court explained that Indiana law states that knowledge of a dog's dangerous or vicious tendencies may not be inferred from a first-time, unprovoked bite, but that knowledge may be inferred where evidence shows that the particular breed to which the owner's dog belongs is known to exhibit such tendencies." While the court observed that the Drakes presented evidence of a lack of actual knowledge of Max's vicious propensities, the expert who testified on Great Dane behavior presented evidence that Great Danes might behave with "territorial aggressive tendencies" in a given situation. The Drakes argued on appeal (for the first time) that this evidence by a canine behavioral expert was "immaterial" and cannot be used to show what lay people would know about Great Danes. The court was unpersuaded by the Drakes' novel argument, and this created a genuine issue of material fact. Thus, this court reversed the order granting summary judgment for the Drakes and remanded the case for further proceedings.
Danielson v. Cnty. of Humboldt Appellant Candis Danielson was seriously injured by dogs owned by Donald Mehrtens on his property. The injuries were so severe that she lost the lower half of her right leg and sustained damage to her other leg and hand. After Danielson was injured, Mehrtens surrendered both dogs to Humboldt County, which resulted in them being declared vicious and euthanized. Mehrtens was also barred from owning dogs for three years. She filed this action for damages against numerous parties, including Mehrtens and the County of Humboldt (Humboldt County or County). The County demurred. This appeal concerns solely the cause of action against the County for its alleged failure to perform a mandatory duty. This court first noted the record demonstrated Mehrtens had at least five different incidents over more than ten years that involved either an attack by his dogs or a report to animal control (including reports on biting, failure to license, and failure to vaccinate). When Dainelson was attacked by Mehrtens dogs in 2021, she argued that the County was liable for her injuries because it failed to perform mandatory duties imposed by the Humboldt County Code like impoundment and euthanasia of dogs that are unvaccinated, unlicensed, and dangerous. The County contended that there is no mandatory duty under the county code, to which the lower court agreed.This court found that the Government Claims Act provides immunity to public entities and employees for legislative action or discretionary law enforcement activity as opposed to mandatory duties. Here, the county ordinance did not impose a mandatory duty for the officer to petition for a hearing after one of Mehrtens' dogs had bitten a neighbor months earlier. In addition, the officer did not have a mandatory duty to impound the dogs due for licensing and rabies vaccination concerns. Finally, the dangerous dog ordinances also did not mandate seizing or impounding the dogs. Within the compulsory rabies vaccination code, the county did not impose a mandatory duty to impound unvaccinated dogs that had bitten someone. The use of the term "shall" in section 547-8 only applied after officer exercised his or her discretion in conducting an investigation. Similarly, the use of the term "shall" in two instances of the chapter on rabies vaccination did not create a mandatory duty because the decision of whether to impound a dog at all was discretionary. While the court "sympathize[d] with her desire to be compensated for her injuries," the failure to identify a law that created "a mandatory duty which was breached by the County" does not exist here. The lower court was affirmed.
Daskalea v. Washington Humane Soc.


In relevant part, the District of Columbia’s Freedom from Cruelty to Animal Protection Act allows any humane officer to take possession of any animal to protect the animal(s) from neglect or cruelty. Plaintiffs, all of whom had their dogs seized under the Act, brought a Motion for Partial Summary Disposition for a count alleging that the Act is unconstitutional on its face and as customarily enforced. The United States District Court, District of Columbia, denied Plaintiffs’ motion without prejudice, finding the parties’ briefs in connection to the motion insufficient to determine whether an issue exists as to the Act‘s constitutionality.
Daskalea v. Washington Humane Soc.


Pet owners sued after their pets were seized, detained, injured, or destroyed by the Humane Society. Pet owners’ attempts to certify a class failed because the claims were not typical. The members of the proposed class allegedly suffered a wide range of deprivations, were provided with different kinds of notice, and claimed distinct injuries. The class certification motion was also denied because the proposed members sought individualized monetary relief.
Daskalea v. Washington Humane Society


In this case, the plaintiffs are pet owners in the District of Columbia whose dogs were seized, detained, and damaged by the defendant-humane society without due process of the law. Plaintiffs brought an action against the District of Columbia, alleging that the District of Columbia's Freedom from Cruelty to Animal Protection Act, D.C.Code § 22-1001 et seq. is facially unconstitutional because it fails to provide animal owners with a meaningful right to contest the seizure, detention, and terms of release of their pets, prior to final action. However, the Act was amended in 2008 and the Court here asked the parties to submit supplemental briefing as to whether the amendments rendered the action by Plaintiffs moot. The Court found that Plaintiffs' facial challenge to the constitutionality of the Act has in fact been rendered moot by the 2008 Amendment.
Daughen v. Fox


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.  
Daul v. Meckus


Plaintiff, proceeding pro se, has brought this Bivens action seeking to hold government agents liable in their individual capacities for alleged constitutional violations under the AWA. Plaintiff lost his Class A license of a dealer under the AWA, due to failure to submit the required license fee and annual report.  The court held that, even construing plaintiff's allegations in the light most favorable to him, Mr. Daul appears merely to allege without proof that each of these defendants exceeded the scope of his authority.  Thus, plaintiff's conclusory allegations failed to show that any defendant violated any clearly established constitutional or statutory right. 

The named defendants from the USDA were also granted both absolute and qualified immunity in the decision.
Dauphine v. U.S.


Defendant, Dr. Nico Dauphine, was convicted of attempted cruelty to animals, contrary to D.C.Code §§ 22–1001, –1803 (2001). After an investigation, Dr. Dauphine was captured on surveillance video placing bromadialone, an anticoagulant rodenticide, near the neighborhood cats' food bowls. On appeal, Dauphine contended that there was insufficient evidence that she committed the crime "knowingly" with malice. This court found the inclusion of the word "knowingly" did not change the statute from a general to specific intent crime, and simply shows that the actor had no justification for his or her actions. The government met its burden to prove that appellant attempted to commit the crime of animal cruelty.
Davert v. Larson


On April 6, 1982, plaintiffs sued defendant Thomas Larson and others owned by defendant and others as tenants in common, for damages for negligence after plaintiffs' automobile collided with a horse.  On October 21, 1983, the trial court granted defendant's motion for summary judgment finding he owed no duty of care to plaintiffs as a landowner because his 1/2500th interest in the property was small and he exercised no control over the management of the property.  The Court of Appeal reversed

, holding that tenants in common of real property who delegate the control and management of the property to a separate legal entity should not be immunized from liability to third parties in the case of common area torts.  The Court found that it was clear that considerations of public policy require that any departure from the common law rule of liability of individual owners of property in common cannot operate to the substantial detriment of third parties. 
David v. Lose

Syllabus by the Court


1. In order to establish a prima facie case against a bailee in an action sounding in contract, a bailor need prove only (1) the contract of bailment, (2) delivery of the bailed property to the bailee and (3) failure of the bailee to redeliver the bailed property undamaged at the termination of the bailment.


2. In an action by a bailor against a bailee based upon a breach of the contract of bailment, where the bailor proves delivery of the bailed property and the failure of the bailee to redeliver upon legal demand therefor, a prima facie case of want of due care is thereby established, and the burden of going forward with the evidence shifts to the bailee to to explain his failure to redeliver. (Agricultural Ins. Co. v. Constantine, 144 Ohio St. 275, 58 N.E.2d 658, followed.)

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