|Hohenstein v. Dodds
|10 N.W.2d 236 (Minn. 1943)
|215 Minn. 348 (1943)
|This is an action against a licensed veterinarian to recover damages for his alleged negligence in the diagnosis and treatment of plaintiff's pigs. Plaintiff alleged defendant-veterinarian negligently vaccinated his purebred pigs for cholera. The court held that a n expert witness's opinion based on conflicting evidence which he is called upon to weigh is inadmissible. Further, a n expert witness may not include the opinion of another expert witness as basis for his own opinion.
|In the Matter of Kerlin
|376 A.2d 939 (N.J.Super.A.D. 1977)
Respondent Raymond Kerlin, D.V.M., appealed a decision of the Department of Law and Public Safety, Division of Consumer Affairs, Board of Veterinary Medical Examiners (Board), finding him guilty of "gross malpractice or gross neglect" in the practice of veterinary medicine after an employee at his office (his wife) stated that the office could not treat a deathly ill kitten after the owners requested payment by credit (apparently not accepted at the office). In this case, the court observed nothing in the findings of facts to support a conclusion that respondent was aware of the exchange which occurred between the kitten’s owner and Mrs. Kerlin in time for him to have prevented the situation or to have taken remedial steps. Nothing adduced at trial proved that Dr. Kerlin followed the policy of rejecting requests for emergency treatment on credit. Thus, the court concluded that the State failed to establish that respondent was guilty of a violation or of conduct warranting disciplinary action for "gross malpractice", and the decision of the Board was reversed.
|Jakubaitis v. Fischer
|33 Cal. App. 4th 1601 (1995)
|40 Cal. Rptr. 2d 39 (1995)
|This case, as an issue of first impression, considers whether Civil Code section 3051 or 30801 governs a dispute involving a veterinary lien for services rendered to a horse. In 1994, Frank and Tara Jakubaitis took their blood-bay horse to Chino Valley Equine Hospital for emergency medical care. Theodore Fischer is the veterinarian that treated the horse, who was hospitalized from February of 1994 to early March of 1994. A letter was sent to the Jukabaitises stating that they had an outstanding balance due of $9,751 and that the horse would not be released until the balance was paid. The letter also informed them that if no payment was made within 10 days, the horse would be sold. The Jukabaitises did not pay for the veterinary services within 10 days, however, the veterinary hospital’s attempts to sell the horse were unsuccessful and the horse remained in the possession of Fischer. The Jakubaitises then sued the hospital, seeking injunctive relief and alleging conversion, claim, and delivery and negligent infliction of emotional distress. The trial court had ordered Fisher to return the horse to the Jakubaitises upon them posting a $500 bond. Fischer then brought this appeal. The case came down to the interpretation of various sections of California law. The trial court impliedly found section 3080 of the California Code to be controlling and sections 3051 and 3052 to be inapt. Section 3051 recognizes veterinary proprietors’ and veterinary surgeons’ lien rights for compensation in caring for, boarding, feeding, and medically treating animals. Section 3052 permits the lienholder, after giving notice to the debtor, to sell the animal at public auction. Section 3080 and 3080.01 govern liens applying to livestock servicers. Essentially, a veterinarian’s services could fall under either of the sections because the term “livestock service” in section 3080 included the term “veterinary services.” Eventually the legislature revised the definition of livestock services in section 3080 and deleted the reference to veterinary services. The Court concluded that the legislature’s intent was clear. Section 3051 continues to govern veterinarian proprietors’ and veterinary surgeons’ lien rights. Section 3080 governs all other livestock service providers. The Court ultimately reversed the trial court’s decision, ordered the horse to be returned to Fischer, the veterinarian, and discharged the bond that was to be paid by the Jakubaitises.
|Jason v. Parks
|638 N.Y.S.2d 170 (N.Y.A.D. 2 Dept., 1996)
|224 A.D.2d 494 (1996)
In an action, inter alia, to recover damages for veterinary malpractice, the plaintiffs appeal. The court reaffirmed that it is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent destruction of a dog.
|Johnson v. Wander
|592 So. 2d. 1225 (Fla. Dist. Ct. App. 1992)
Petitioner pet owner alleged that respondent veterinarian took her dog to be spayed, and left the animal on heating pads, which resulted in serious burns, so petitioner filed a claim for damages on the basis of gross negligence, damage to property, and emotional distress. The trial court entered partial summary judgments on the claims for punitive damages and emotional distress and, on a subsequent motion, transferred the case to the county court as a claim for less than the circuit court jurisdictional amount. The appellate court held that there remained a jury question on the issues of gross negligence and physical and mental pain and suffering as claimed by petitioner.
|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.
|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..
|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.
|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.
|Ladnier v. Norwood
|781 F.2d 490 (5th Cir. 1986).
Plaintiff horse owner sought review of a judgment of the United States District Court for the Eastern District of Louisiana, which found in favor of defendants, veterinarian and insurer, in an action to recover damages for the death of plaintiff's horse. The court affirmed the judgment that found defendants, veterinarian and insurer, not negligent in the death of a horse belonging to plaintiff horse owner because they met the statutorily required standard of care. Defendants did not breach a duty to warn because the risk of a fatal reaction to the drug they gave to the horse was common and was considered by equine specialists to be insubstantial.