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This King County, Washington motion for summary judgment sought dismissal of several of plaintiff's claims as well as a limitation to the damages that are recoverable. Plaintiffs claim that the negligence of defendant-veterinarian caused the death of their dog (defendant admitted negligence so the issue here centers on damages). The court held that plaintiffs may assert claims for loss of use, but not loss of companionship.

Appellant animal hospital sought review of the judgment entered against it for the injuries suffered by an individual after a cow escaped from the hospital and struck the man who owned the house to which the cow had run as the man tried to help the veterinarian secure the animal.  The court held that appellant's liability is predicated upon its position as an owner or occupier of land whose duty with regard to the keeping of domestic animals is circumscribed under a bailment theory. Further the court held that the evidence supported the trial court's finding that appellant negligent under the doctrine of res ipsa loquitur. 

A veterinarian agreed to house, transport, and care for an elephant at no charge other than the actual expenses incurred therewith. One evening, the elephant ingested some poison left in its stall by the veterinarian and later died.  On appeal of the trial court award to plaintiff, the Court disagreed with defendant’s contention that he, as a gratuitous depositary, could only be held liable for gross negligence, willful misconduct, or fraud. In fact, the civil code in Louisiana, states the burden of a depositary is "that of ordinary care which may be expected of a prudent man."  However, an  agreement between the parties was found to release Dr. Cane of liability from negligent acts.