Results

A dog owner sued a veterinarian and a veterinary hospital after her dog died. The Court of Appeals held that the medical malpractice act did not apply to veterinarians, and thus, did not bar claims for breach of fiduciary duty, negligent misrepresentation, conversion, trespass to chattels, and breach of bailment contract; the three-part analysis in McCurdy controlled the measure of damages and the burden of proof for damages; genuine issues of material fact about the market value of the dog, whether it could be replaced, and whether owner was entitled to present evidence of the dog’s intrinsic value, precluded summary judgment limiting owner's damages; the trial court did not abuse its discretion in striking expert’s testimony about the loss of the human-animal bond because owner was not entitled to emotional distress damages; and defendants were not entitled to attorney fees under the small claims statute.

In this Washington case, Valeri Sexton and Corey Recla sued Kenny Brown, DVM, for damages arising from the death of their dog. Plaintiffs alleged a number of causes of action including negligence, breach of bailment, conversion, and trespass to chattels. The incident occurred after plaintiff's dog ran away while plaintiff was camping Marblemount area. Another party found the Yorkshire terrier and took it to defendant-veterinarian's office, the Pet Emergency Center (PEC). After being examined first by a one veterinarian, defendant-veterinarian Brown took over care and determined that the dog suffered from a life threatening condition; he then told the finders that if they did not want to pay for further care, they could have the dog euthanized. This court affirmed the trial court's decision that the medical malpractice act does not apply to veterinarians. It also affirmed the dismissal of Sexton's breach of bailment claim, finding that Brown was not a finder under relevant Washington law. The court did find that there were material issues of fact about the measure of damages, and reversed the decision to limit damages to the fair market or replacement value of the dog. Further, the court found genuine issues of material fact about whether Brown's actions were justified when viewed under the requirements of Washington's veterinary practice laws.

Horse owner sued veterinarians and equine hospital for professional malpractice after horse was euthanized less than two months after surgery to remove horse’s ovaries. The Superior Court granted summary judgment for defendants based on the one-year statute of limitations. The Court of Appeal affirmed, holding that equitable tolling did not apply because plaintiff was not prevented from pursuing her claim in a timely manner by the defendants or the court. A provision in the Medical Injury Compensation Reform Act extending the statute of limitations by 90 days did not apply absent a claim for personal injury or wrongful death to a person.

The plaintiff brought this action against Defendants Fort Dodge Animal Health, Inc. and Wyeth Corporation, seeking economic damages suffered from the purchase and injection of her dog with ProHeart® 6 to prevent heartworm. The complaint alleged products liability/failure to warn, breach of implied warranty of merchantability, and violation of state deceptive business practices, among others. In 2004, defendants recalled ProHeart® 6 in response to a request by FDA due to reported adverse reactions. This Court found that Massachusetts law follows the traditional “economic loss rule,” where such losses are not recoverable in in tort and strict liability actions where there has been no personal injury or property damage. Here, the plaintiff was barred from recovering because she has not alleged any personal injury or property damage under her products liability claim. Further, plaintiff failed to show that defendants' deceptive act caused some injury and compsensable loss. Defendants' motion to dismiss was granted.