Results
Title |
Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Kaufman v. Langhofer | 222 P.3d 272 (Ariz.App. Div. 1, 2009) | 2009 WL 4980337 (Ariz.App. Div. 1), 223 Ariz. 249 (2009) |
This Arizona based appeal arises out of a veterinary malpractice action filed by plaintiff/appellant David Kaufman against defendants/appellees, William Langhofer, DVM, and Scottsdale Veterinary Clinic over the death of Salty, Kaufman's scarlet macaw. The main issue on appeal is whether a pet owner is entitled to recover emotional distress and loss of companionship damages over the death of his or her pet. Plaintiff argues that the court here should “expand” Arizona common law to allow a pet owner to recover emotional distress damages and damages for loss of companionship in a veterinarian malpractice action. While the court acknowledged the emotional distress Kaufman suffered over Salty's death, it noted that Dr. Langhofer's negligence did not directly harm Kaufman. Thus, the court felt that it would not be appropriate to expand Arizona common law to allow a pet owner to recover emotional distress or loss of companionship damages because that would offer broader compensation for the loss of a pet than for the loss of a human. |
Case | |
| Kennedy v. Byas | 867 So.2d 1195 (D. Fla. 2004) | 29 Fla. L. Weekly D564, 2004 WL 393239 (D. Fla.) |
Plaintiff filed for a Writ of Certiorari requesting that his case be transfered from circuit court to county court. He was seeking damages for emotional distress, following alleged veterinary malpractice by the defendant. The Court held that Florida would not consider pets to be part of an actual family, that damages for emotional distress will not be permitted, and therefore the plaintiff did not have sufficient damages to met the circuit court jurisdictional amount. Petition denied.. |
Case | |
| Knowles Animal Hospital, Inc. v. Wills | 360 So.2d 37 (Fla.App.,1978) |
Dog owners brought negligence action against veterinarian and animal hospital after their dog suffered injuries while under the veterinarian's and the hospital's care. The Appeals Court held that the trial court did not err by allowing the jury to consider plaintiff-owners' mental pain and suffering, and that the jury could reasonably have viewed defendants' neglectful conduct resulting in the dog's injury to have amounted to great indifference to plaintiffs' property. |
Case | ||
| Koester v. VCA Animal Hosp. | 624 N.W.2d 209 (Mich. App., 2000); lv. app. den. 631 N.W. 2d 339 (Mich. 2001) | 244 Mich.App. 173 (2000) |
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. |
Case | |
| Krcmar v. Kirkland |
Veterinarian abused dog, resulting in death. Veterinarian then tried to cover up his actions by improper disposal of body. This is a malpractice suit for damages. This is also a good example of "conspiracy of silence." |
Pleading | |||
| KS - Abandon - Chapter 47. Livestock and Domestic Animals. | K. S. A. 47-835 | KS ST § 47-835 | This Kansas statute provides that any animal placed in the custody of a licensed veterinarian that is unclaimed by its owner for a period of more than ten (10) days after written notice by registered or certified mail is given, shall be deemed to be abandoned and may be turned over to the nearest humane society, or dog pound or disposed of as the custodian may deem proper. The giving of notice to the owner of record immunizes the veterinarian from liability. | Statute | |
| KS - Veterinarian Issues - Professional Conduct | K.A.R. 70-8-1 | KS ADC 70-8-1 | The following represents acts by a Kansas licensed veterinarian that shall be considered unprofessional conduct and shall constitute grounds for disciplinary action against the licensee. | Administrative | |
| KS - Veterinary - ARTICLE 8. REGISTRATION OF VETERINARIANS. | K. S. A. 47-801 to 856 | KS ST § 47-801 to 856 | These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners. | Statute | |
| KY - Lien, veterinary - 376.470 Veterinarian's lien | KRS § 376.470 | KY ST § 376.470 | This Kentucky law states that any licensed veterinarian who performs professional services for an animal, by contract with, or by the written consent of, the owner or authorized agent shall have a lien on the animal to secure the cost of the service provided. The priority for the liens filed under this law is based upon when the first lien was filed. | Statute | |
| KY - Liens - § 257.105. Sale of unclaimed animals held by veterinarian | KRS § 257.105 | Ky. Rev. Stat. Ann. § 257.105 | This statute deals with the sale of unclaimed animals after an animal is left with a licensed veterinarian after providing care to the animal. Under the statute, the veterinarian is able to sell the animal for reasonable value if the animal is left unclaimed for ten days or more. Once the veterinarian determines that he or she will be selling the animal, he or she must provide notice to the owner prior to the sale. | Statute |