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Titlesort descending Citation Alternate Citation Summary Type
Daughen v. Fox 539 A.2d 858 (Pa. Super. 1988)

Plaintiffs brought a claim for intentional infliction of emotional distress and loss of companionship after defendant animal hospital performed unnecessary surgery based on a mix-up of x-rays.  The court denied the first claim, finding the defendant's conduct did not meet the "extreme and outrageous" conduct test.  With regard to plaintiff's claim for loss of a unique chattel and for loss of the dog's companionship and comfort, the court observed that, under Pennsylvania law, a dog is personal property, and, under no circumstances under the law of Pennsylvania, may there be recovery for loss of companionship due to the death of an animal.  

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DeLany v. Kriger Slip Copy, 2019 WL 1307453 (Tenn. Ct. App. Mar. 20, 2019) This unpublished Tennessee case concerns a veterinary negligence action. The owners of a cat filed a wrongful death complaint against the cat's veterinarian and animal hospital after the cat was killed when the veterinarian wrongly placing a feeding tube into the cat's trachea rather than her esophagus, causing the cat to aspirate and die when she was fed through the tube. The trial court held that the defendants were not liable because the cat was so ill she was likely to die anyway, and thus dismissed the complaint. The cat was 10-years old when she was brought in because she was acting a "little slow" and had not eaten in a couple days. Through discovery and at trial, it was observed that the cat had a septic abscess on her liver with a 79% mortality rate. On appeal here, this court first took issue with the trial court's finding for causation in the negligence analysis. This court found that the evidence was "undisputed" that the cat died as a result of the improperly placed feeding tube, which was further supported by x-rays showing the feeding tube in the trachea rather than the esophagus. Because the trial court did not find causation, damages were not addressed. Here, the court noted that domestic pets are considered private property in Tennessee. The law is settled that a pet owner can recover for the wrongful death of his or her pet in the state. Further, Tenn. Code Ann. § 44-17-403 provides that a dog or cat owner is entitled to recover up to $5,000 in noneconomic damages for "the unlawful and intentional, or negligent, act of another or the animal of another . . ." but that no award of noneconomic damages is permitted in “an action for professional negligence against a licensed veterinarian.” While Mr. DeLany testified he considered the cat's fair market value at $5,000, another veterinarian joined as a defendant testified that a healthy cat has a value of around $75 and a sick cat has a value of $0.40. The appellate court stated that the calculation of damages is a matter for the fact-finder, and the case was remanded to the trial court to determine the appropriate amount of economic damages. This would include, but not be limited to, the medical bills incurred for Callie's treatment and the cost of replacing Callie, said the court. Case
Downing v. Gully, P.C. 915 S.W.2d 181 (Tex. App. 1996)

Appellant dog owners challenged the decision of the County Court at Law No. 2 of Tarrant County (Texas), which granted summary judgment in favor of appellee veterinary clinic in appellants' negligence, misrepresentation, and Deceptive Trade Practices Act claims. The court affirmed the grant of summary judgment in favor of appellee veterinary clinic because appellee's veterinarians provided affidavits that were sufficiently factually specific, describing experience, qualifications, and a detailed account of the treatment, so that appellee negated the element of the breach of the standard of care, and because Deceptive Trade Practice Act claims did not apply to state licensed veterinarians.

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Durocher v. Rochester Equine Clinic 629 A.2d 827 (N.H. 1993)

Plaintiff horse owner appealed from the orders of the Merrimack County Superior Court (New Hampshire), which dismissed his action for veterinarian malpractice for failure to designate an expert medical witness to prove that the owner's horse was permanently injured, and that defendant veterinarians' negligence caused such injury. On appeal, the court agreed that no medical expert testimony was necessary to determine whether a veterinarian was negligent in operating on the wrong animal. However, the court held that expert testimony was necessary to assist jurors in this case on the issues of causation and injury, and generally as to the standards of veterinary care.

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Dyess v. Caraway 190 So.2d (666 La.App., 1966)

Plaintiff claimed damages for the death of five pedigreed Norwegian Elkhound puppies resulting from the negligence of defendant, Hugh L. Caraway, a duly licensed veterinarian. Specifically, defendant allegedly failed to make proper diagnostic tests, failed to give proper treatment for coccidia from which the puppy died, although the defendant had professional knowledge that the puppy was suffering from that disease, and failed to exercise the standard of care required by the average prudent veterinarian in the community. The court first noted the difficulty in diagnosing distemper. It also found the doctrine of res ipsa loquitur in applicable in the instant case, primarily for the reason that the instant case involves a question of diagnosis and treatment of a professional nature which in itself requires judgment.

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Eastep v. Veterinary Medical Examining Bd. 539 P.2d 1144 (Or.App. 1975) 22 Or.App. 457 (1975)

Petitioner-veterinarian sought judicial review of veterinary medical examining board's denial of his application for renewal of his license to practice, and the permanent revocation of his right to practice veterinary medicine in Oregon.  The Court held that there was ample evidence ample evidence to support board's finding that petitioner was guilty of unprofessional conduct for misrepresentation to dog owner of surgical services allegedly rendered, whether the standard adopted be that of 'clear and convincing evidence,' as petitioner urges, or that of 'reliable, probative and substantial evidence' (ORS 183.480(7)(d)), as urged by respondent.

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Elephant, Inc. v. Hartford Acc. & Indem. Co. 239 So.2d 692 (La.App., 1970)

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.

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Fackler v. Genetzky 595 N.W.2d 884 (Neb., 1999)

Plaintiffs sued defendant for the death of their racehorses resulting from alleged veterinary malpractice.  The court held that a genuine issue of material fact as to whether veterinarian's actions comported with professional standard of care in treating racehorses precluded summary judgment.  However, the owners were not entitled to recover damages for their emotional distress as result of veterinarian's alleged negligent destruction of horses.  Nebraska law has generally regarded animals as personal property and emotional damages cannot be had for the negligent destruction of personal property.

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Folsom v. Barnett 306 S.W.2d 832 (Ky. 1957)

Defendant-veterinarian sought appeal of a judgment against him for malpractice resulting from the injury to plaintiff’s thoroughbred colt that resulted in its destruction. The Court of Appeals held that an examination of the record revealed that sufficient evidence was produced to put in issue the question of whether appellant used such skill and attention as may ordinarily be expected of careful and skillful persons in his profession. Thus, the issue was correctly submitted to a jury.

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Gabriel v. Lovewell 164 S.W.3d 835 (Texas, 2005)

A Texas horse owner brought action against horse farm for negligence and breach of implied warranty in connection with the death of a horse in care of horse farm. On appeal of a decision in favor of the horse owner, the Court of Appeals held that by asking veterinarian if veterinarian told the horse owner that the horse died because it was not brought to veterinary clinic soon enough, the horse farm opened the door, and thus, the previously-rejected hearsay testimony regarding horse owner's conversation with veterinarian was admissible for limited purpose of impeaching veterinarian's testimony. Thus, the evidence was legally and factually sufficient to support the jury's verdict.

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