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Titlesort descending Citation Alternate Citation Summary Type
Animal Hospital of Elmont, Inc. v. Gianfrancisco 418 N.Y.S.2d 992 (N.Y.Dist.Ct., 1979) 100 Misc.2d 406 (N.Y.Dist.Ct., 1979)

In this New York case, defendant presented his puppy to plaintiff-animal hospital for treatment. After discussions between about the cost of the care, defendant apparently felt that he would not be allowed to retrieve the puppy from the hospital's possession. As a consequence, plaintiff sent a letter to defendant describing the balance owed, and stating that the hospital would retain the puppy for 10 more days after which it would "take care of the dog in accordance with the legal methods available to dispose of abandoned dogs." The issue on appeal is whether this letter qualified as noticed required by the Agriculture and Markets Act, Sec. 331. The court found that it did not comply with the statutory requirements and thus, plaintiff was responsible for defendant's loss of his puppy valued at $200 at trial. Plaintiff was entitled to a judgment on its complaint for the costs of care amounting to $309.

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Anzalone v. Kragness 826 N.E.2d 472 (Ill. 2005) 292 Ill. Dec. 331 (2005)

A woman whose cat was attacked while being boarded at veterinarian's office brought claims against veterinarian and animal hospital.  Trial court dismissed claim for intentional infliction of emotional distress and the Court of Appeals reversed holding dismissal was not warranted. 

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Barney v. Pinkham 45 N.W. 694 (Neb. 1890) 29 Neb. 350 (Neb. 1890)

Plaintiff was was the owner of a certain roan mare of the value of $200; that, on or about the 21st day of April, 1888, the said mare became and was sick with some disease then unknown to plaintiff in kind and character; that, at said date last aforesaid, and long prior thereto, the defendant claimed to be, and advertised and held himself out to the public to be, a veterinary surgeon, and asked to be employed as such in the treatment of sick and diseased horses.  The court held that a veterinary surgeon, in the absence of a special contract, engages to use such reasonable skill, diligence, and attention as may be ordinarily expected of persons in that profession. He does not undertake to use the highest degree of skill, nor an extraordinary amount of diligence. In other words, the care and diligence required are such as a careful and trustworthy man would be expected to exercise.  The case was remanded for determination of further proofs.

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Bedford v. Jorden 698 P.2d 854 (Mont. 1985) 215 Mont. 508 (Mont. 1985)

This action was brought by Dale C. Bedford, appellant, on an amended complaint on two counts seeking special damages in the amount of $750, unspecified general damages, and $50,000 in punitive damages against E.E. Jorden, a Billings, Montana veterinarian and his partnership. The first count of complaint alleges that the defendant, Dr. Jorden, willfully or by gross negligence broke, or allowed to be broken a wing of a parrot belonging to the appellant, Bedford. The second count alleges that Dr. Jorden and his business willfully, wantonly or maliciously failed to provide adequate care for the parrot. The court found that the interrogatories and depositions of all witnesses, including the appellant, indicate that there was no evidence produced that would establish a prima facie case of negligence, let alone intentional cruelty or inhumanity to animals.

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Brockett v. Abbe 206 A.2d 447 (Conn.Cir.A.D. 1964) 206 A.2d 447

Defendant-farmer filed a counterclaim for damages for the erroneous determination by the veterinarian that certain cow was not pregnant (plaintiff veterinarian used a "punch test" - where a fist is struck against the abdomen of a cow to determine pregnancy rather than the industry-standard rectal examination). As a result, defendant-farmer sold the cow for $170 versus the $550 he could have received for a pregnant cow.  The Court found that it was erroneous for the circuit court to apply the doctrine of res ipsa loquitor, as diagnoses and scientific treatment are improper subjects for the doctrine. The mere proof that the diagnosis later on turned out to be erroneous is insufficient to support a judgment, the court stated.

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Carroll v. Rock 469 S.E.2d 391 (Ga. App., 1996) 220 Ga.App. 260 (1996)

After plaintiff's cat escaped while at the defendant's animal hospital, Rock sued Dr. Carroll d/b/a The Animal Care Clinic for conversion or breach of bailment and emotional distress, seeking punitive damages and attorney fees.  The court agreed with Carroll that the trial court erred in instructing the jury on punitive and vindictive damages, as vindictive or punitive damages are recoverable only when a defendant acts maliciously, wilfully, or with a wanton disregard of the rights of others.  Plaintiff's intentional infliction of emotional distress claim also must fail because defendant's conduct was not outrageous or egregious. 

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Carter v. Louisiana State University 520 S.O.2d 383 (La. 1988).

Plaintiff horse owner sought review by writ of the judgment of the Court of Appeal, First Circuit, State of Louisiana, which held in favor of defendants, a veterinarian and his insurer, in the owner's action for veterinary malpractice that had arisen from the amputation of a horse's tail. The court held defendants were not exculpated from liability under La. Rev. Stat. Ann. § 9:2794 and La. Civ. Code Ann. arts. 2316, 2320, where the horse had his tail wrapped too tightly resulting in avascular necrosis from loss of blood supply, gangrene, and amputation. The court held in favor of the owner, reversed the judgment of the appellate court, and reinstated the judgment of the trial court (including $34,000 in damages).

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City of Houston v. Levingston Not Reported in S.W.3d, 2006 WL 241127 (Tex.App.-Hous. (1 Dist.))

A city veterinarian who worked for the Bureau of Animal Regulation and Care (BARC) brought an action against the city, arguing that he was wrongfully terminated under the Whistleblower’s Act. The vet contended that he reported several instances of abuses by BARC employees to the division manager. In upholding the trial court’s decision to award Levingston over $600,000 in damages, the appellate court ruled the evidence was sufficient to support a finding that the veterinarian was terminated due to his report . Contrary to the city’s assertion, the court held that BARC was an appropriate law enforcement authority under the Act to report violations of section 42.09 of the Texas Penal Code committed by BARC employees. Opinion Withdrawn and Superseded on Rehearing by City of Houston v. Levingston , 221 S.W.3d 204 (Tex. App., 2006).

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City of Houston v. Levingston 221 S.W.3d 204 (Tx.App.-Hous.(1 Dist.) 2006)

This opinion substitutes City of Houston v. Levingston, 2006 WL 241127 (Tex.App.-Hous. (1 Dist.)), which is withdrawn.

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Coy v. Ohio Veterinary Med. Licensing Bd. 2005 Ohio App. LEXIS 756 2005 Ohio 773

A veterinarian's license was revoked by the Ohio Veterinarian Medical Licensing Board and the vet challenged the revocation of his license.  The trial court found the vet guilty of gross incompetence and he appealed claiming there was no definition of gross incompetence in the statute.  The Court of Appeals affirmed the trial court holding no specific definition was required.

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