Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Downey v. Pierce County | 267 P.3d 445 (Wash.App. Div. 2, 2011) | 2011 WL 5931911 (Wash.App. Div. 2) |
Dog owner sued county challenging county's dangerous animal declaration (DAD) proceedings. The Court of Appeals held that charging a fee to obtain an initial evidentiary review of a DAD violated owner's due process rights because it impacted owner's property and financial interests and potentially subjected her to future criminal sanctions. The court also held that the lack of an adequate evidentiary standard regarding review of DADs violated due process because the ordinance required only that the reviewing auditor determine if there was sufficient evidence to support the DAD. |
Case |
| Downing v. Gully, P.C. | 915 S.W.2d 181 (Tex. App. 1996) |
Appellant dog owners challenged the decision of the County Court at Law No. 2 of Tarrant County (Texas), which granted summary judgment in favor of appellee veterinary clinic in appellants' negligence, misrepresentation, and Deceptive Trade Practices Act claims. The court affirmed the grant of summary judgment in favor of appellee veterinary clinic because appellee's veterinarians provided affidavits that were sufficiently factually specific, describing experience, qualifications, and a detailed account of the treatment, so that appellee negated the element of the breach of the standard of care, and because Deceptive Trade Practice Act claims did not apply to state licensed veterinarians. |
Case | |
| DOYLE v DEPUTY SHERIFF'S | 758 N.Y.S.2d 791 (N.Y.Sup. 2003) | 195 Misc.2d 358, 2003 N.Y. Slip Op. 23494 (N.Y.Sup. 2003) |
In this New York case, a minor child was injured when he was kicked by defendant's horse while defendant was in the process of the setting up a petting zoo at a picnic. The court was posed with the question of whether limited circumstances exist to support a negligence claim where a person is injured by a domestic animal and there is no proof of the animal's vicious propensities (the pony in this case never kicked anyone or showed any vicious propensities). The court answered the question in the affirmative. Here, defendant is subject to the enhanced duty of horse owners to young children. There were triable issues of fact as to defendant's negligence in the manner in which the horses were unloaded while in the presence of children that precluded summary judgment for defendant.
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Case |
| DR. ELLEN LEVINE et al., Plaintiffs, v. MIKE JOHANNS, Defendants | This action challenges the exclusion of chickens, turkeys, and other birds from the protections of the federal Humane Slaughter Act (HSA). The Levine plaintiffs’ complaint challenges a USDA Notice issued on September 28, 2005, titled “Treatment of Live Poultry Before Slaughter.” The Notice states that there is no federal statute governing the humane slaughter of poultry, but recommends that the poultry industry adopt voluntary measures to improve slaughter practices. Plaintiffs all contend that by excluding these animals from the protections of the Act exposes them to greater risk of food-borne illness. The inhumane methods of slaughtering the birds have been linked in scientific studies to greater incidence of food-borne pathogens in the meat. In their complaint, Plaintiffs request an order finding the act of excluding poultry from the HSA is arbitrary and capricious, and enjoining the USDA from excluding poultry species from the HSA. In its order regarding defendant’s motion to dismiss, the court found that plaintiffs credibly alleged that they face an imminent exposure to heightened risk that they will become ill from consuming inhumanely slaughtered animals. Thus, defendant’s motion to dismiss the consumer claims was denied. | Pleading | ||
| Drake v. Dean | 15 Cal. App. 4th 915 (Cal.App.3.Dist. 1993) | 15 Cal.App.4th 915 (Cal.App.3.Dist. 1993) |
Plaintiff, engaged in religious solicitations, was knocked down by dog owner's pit bull on the defendant's driveway. She argued that the superior court should have instructed on negligence in addition to strict liability. The court agreed, finding that a negligence cause of action arises whenever there is insufficient control of a dog in a context in which it could be reasonably expected that injury could occur and injury did proximately result from the negligence. Thus, the court reversed the decision for defendant dog owners. |
Case |
| Dreyer v. Cyriacks | 112 Cal.App. 279 (1931) | 297 P. 35 (1931) | Plaintiffs brought action against Defendant for damages after Defendant shot and killed Plaintiffs’ dog. The Trial Court set aside a jury verdict granting Plaintiffs $100,000 in actual and $25,000 in punitive damages, on the ground that the verdict was excessive. On appeal, the District Court of Appeal, First District, Division 1, California, affirmed the Trial Court decision, finding that the Trial Court was justified in holding that both the actual and punitive damages awards were grossly excessive, given the circumstances under which the incident occurred. In making its decision, the Court of Appeal pointed out that, although this particular dog had been in the motion picture industry, dogs are nonetheless considered property, and as such, are to be ascertained in the same manner as other property, and not in the same manner as human life. | Case |
| Drinkhouse v. Van Ness | 260 P. 869 (1935) | 202 Cal. 359 (1935) |
Plaintiffs sued defendants to recover value of a horse that was wrongfully taken from them. The Court held that evidence was admissible to establish the value of the horse at the time of the wrongful taking to fix the damages amount. The peculiar value of the horse as a sire was established by evidence as to the horse’s racing history and to its progeny’s character and racing ability. Owners were entitled to recover damages for the reasonable value of the horse’s use during the period they were wrongfully deprived of it. |
Case |
| Dubner v.City and County of San Francisco | 266 F.3d 959 |
Photographer brought § 1983 claim and several state law claims against city, police officers, and chief of police alleging unlawful arrest. The Court of Appeals, D.W. Nelson, Circuit Judge, held that: (1) photographer established prima facie case of her unlawful arrest by police officers at animal rights demonstration; (2) police lacked probable to cause to arrest photographer for trespassing under California law; (3) police lacked probable cause to arrest photographer under California's unlawful assembly statute; and (4) police chief could be held liable in his individual capacity. |
Case | |
| DuBois v. Quilitzsch | 21 A.3d 375 (R. I. 2011) | 2011 WL 2517021 (R.I.) |
After a dog injured a city inspector during an inspection of a property, the inspector sued the homeowners. Inspector alleged strict liability, premises liability, and negligence. The Supreme Court entered summary judgment for the defendants on the premises-liability and negligence claims because the inspector failed to show that homeowners had knowledge of their dog's vicious propensities. These claims were subject to the common law one-bite rule (and not strict liability) because the injuries occurred within an enclosed area on the owner’s property. |
Case |
| Ducote v. Boleware | 216 So. 3d 934 (La.App. 4 Cir. 2/17/16), writ denied, 2016-0636 (La. 5/20/16), 191 So. 3d 1071 | 2016 WL 659022 (La.App. 4 Cir. 2/17/16), | This appeal arises from a personal injury lawsuit filed by Plaintiff Ducote, stemming from injuries she suffered as the result of a bite by defendant's cat. Plaintiff was walking down the sidewalk in New Orleans in the early evening when defendant's cat jumped on her left side and bit her hand causing injury. Plaintiff opted for the rabies immunoglobulin and the vaccine at the emergency room after defendant was unable to produce a rabies certificate (though the cat was later successfully quarantined). The trial court granted summary judgment upon motion for defendant and his homeowner's insurer. Plaintiff now appeals that decision. On appeal, the majority observed that liability of an animal owner (other than a dog) is provided by La. C.C. art. 2321, which gives a negligence standard based on knowledge of an animal's vicious propensities. The court found that there was no scienter on defendant's part as to the cat's dangerous nature (in fact, the cat was known to be a friendly cat with no previous incidents). Plaintiff suggests that liability should be based on a theory of negligence per se. Due to defendant's violation of city ordinances related to proof of rabies vaccination, he should be liable for damages. The court, however, rejected this, as Louisiana law does not recognize statutory negligence per se. Instead, in looking at negligence based on the set of facts, the court found plaintiff did not meet her burden. The trial court's decision was affirmed. | Case |