Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Yuzon v. Collins | 10 Cal.Rptr.3d 18 (Cal.App. 2 Dist.,2004) | 116 Cal.App.4th 149, 4 Cal. Daily Op. Serv. 1702, 2004 Daily Journal D.A.R. 2535 |
In this California case, a dog bite victim sued a landlord, alleging premises liability in landlord's failure to guard or warn against tenants' dangerous dog. On appeal from an order of summary judgment in favor of the landlords, the Court of Appeal held that the landlord owed no duty of care, as he had no actual knowledge of dog's dangerous propensities and an expert witness's declaration that the landlord should have known of the dog's vicious propensities was insufficient to warrant reconsideration of summary judgment ruling. The landlord's knowledge that tenants may have a dog because it is allowed through a provision in the lease is insufficient to impute liability where the landlord has no knowledge of any previous attacks or incidents. |
Case |
| Zageris v. Whitehall | 594 N.E.2d 129 (Ohio App. 10 Dist.,1991) | 72 Ohio App.3d 178 |
The single-family residence property owner and owner of dogs kept on property filed suit for declaratory judgment, petition for habeas corpus, and civil rights claims against city based on city's enforcement of ordinance prohibiting number of dogs on property. He then appealed the ruling in favor for the city. The Ohio Court of Appeals held that the local ordinance limiting number of dogs on single family property was a nuisance and not zoning measure and consequently a valid exercise of city's police power. |
Case |
| Zalaski v. City of Hartford | 723 F.3d 382 (C.A.2 (Conn.)) | 2013 WL 3796448 (C.A.2 (Conn.)) |
When animal rights activists, who were protesting the treatment of animals at a race sponsored by a circus, were arrested for criminal trespass and obstruction of free passage, the filed a section 1983 lawsuit for false arrest, unlawful retaliation, malicious prosecution, and interference with free expression under both the U.S. and Connecticut constitution against the city and the officer. Upon appeal of the lower court’s rejection of the activists’ First, Fourth, and Fourteenth Amendment claims, the court (1) affirmed the lower court’s decision on the ground of qualified immunity under section 1983, (2) would not address whether a pro se attorney who represented plaintiffs in addition to himself may be awarded fees because the issue was not raised in district court, and (3) vacated the judgment only in order to remand the case for the limited purpose of having the district court clarify whether it awarded the activists the costs incurred as a result of a discovery certification violation. |
Case |
| Zeid v. Pearce | 953 S.W.2d 368 (Tex.App.-El Paso, 1997) |
Richard and Susan Zeid appeal from the trial court's order dismissing their lawsuit against Dr. William Pearce, d/b/a Coronado Animal Clinic, for veterinary malpractice after the dog suffered from allergic reactions resulting from alleged negligent vaccinations. The court observed that, in Texas, the recovery for the death of a dog is the dog's market value, if any, or some special or pecuniary value to the owner that may be ascertained by reference to the dog's usefulness or services. Consequently, the court found this longstanding Texas rule to be inconsistent with the Zeids' claim for pain and suffering and mental anguish. Because the Zeids did not plead for damages for the loss of their dog that are recoverable in Texas, the trial court did not err in sustaining Dr. Pearce's special exception and dismissing their cause of action. |
Case | |
| Zelman v. Cosentino | 22 A.D.3d 486 (N.Y. 2005) | 803 N.Y.S.2d 652 (2005) |
A repairman was knocked over by a dog while working on a telephone line in the neighbor's yard. The repairman brought claims against the dog's owner under under theories of strict liability and negligence. The trial court granted summary judgment in favor of the dog's owner and the Court of Appeals affirmed. |
Case |
| ZENIER v. SPOKANE INTERNATIONAL RAILROAD COMPANY | 300 P.2d 494 (Idaho, 1956) | 78 Idaho 196 (Idaho, 1956) |
In Zenier v. Spokane Intern. R. Co ., 78 Idaho 196 (Idaho 1956), a rancher’s mare and colt was killed, and the rancher sought statutory damages and attorney fees. A jury found for the rancher and imposed damages mainly on his testimony as to value. The railroad sought review, stating that the rancher's own negligence in allowing the horses to run barred recovery and there was no objective evidence as to value. The court upheld the award, finding that the animal’s value to the rancher was permitted as a basis for determining damages where personal property has been injured by the willful or negligent act of another. |
Case |
| Zimmerman v. Robertson | 854 P.2d 338 (Mont. 1993) |
Plaintiff horse owner sought review of a judgment by the District Court of Yellowstone County, Thirteenth Judicial District (Montana), which entered a directed verdict in favor of defendant veterinarian on the owner's claims of professional negligence. On appeal, the court affirmed the trial court's decision, holding that the owner was required to prove the veterinarian's negligence by expert testimony, and that he failed to do so. In addition, the court The court found that the "defendant's admissions" exception to the expert testimony requirement did not apply because the veterinarian did not admit that he deviated from the standard of care. |
Case | |
| Zimmerman v. Robertson | 854 P.2d 338 (Mont. 1993) | 259 Mont. 105 (1993) |
Defendant-veterinarian was contracted to castrate plaintiff’s horse. Post-surgical care resulted in a fatal infection of the horse. The court found that, indeed, expert testimony is required in malpractice cases, as negligence cannot be inferred from the existence of a loss. The court disagreed with plaintiff that defendant’s own "admissions" in his testimony at trial provided sufficient evidence of deviation from the standard of care to withstand a directed verdict by defendant. As to plaintiff’s argument regarding a lack of informed consent, the court noted that a medical malpractice claim premised on a theory of lack of informed consent is a separate cause of action rather than an "element" in an otherwise specifically alleged claim of professional negligence. |
Case |
| Zimmerman v. Wolff | 622 F.Supp.2d 240 (E.D. Pa. 2008) | Plaintiff initiated this action against defendant in his official capacity as Secretary of the Pennsylvania Department of Agriculture, asking the Court to enjoin defendant from seizing plaintiff's dogs and from preventing him from operating his dog kennel under his federal license. Plaintiff simultaneously filed a motion for a temporary restraining order and a preliminary injunction. The State moved for dismissal due to lack of subject matter jurisdiction. Since the Animal Welfare Act did not create a private cause of action, the district court dismissed the claim for lack of subject matter jurisdiction. Plaintiff’s constitutional claims were also dismissed because the court lacked subject matter jurisdiction over constitutional claims brought against state actors directly. Plaintiff’s motions were therefore denied and defendant’s motion was granted. The court went on to address whether it would be appropriate to grant plaintiff leave to amend his complaint to bring the Commerce and Supremacy clause claims under 42 U.S.C. § 1983 and found that it would be futile for both. | Case | |
| ZooCats, Inc. v. U.S. Dept. of Agriculture | 417 Fed.Appx. 378(5th Cir. 2011) | This petition followed a final order of the Secretary of the United States Department of Agriculture (USDA) ordering ZooCats, Inc. to cease and desist from violating the Animal Welfare Act (AWA), and revoking ZooCats's animal exhibitor license. ZooCats argued on appeal that the Secretary erred in extending certain filing deadlines, erred in determining certain audio tapes were inadmissible evidence, and erred in determining that ZooCats did not qualify as a “research facility” under the AWA. Addressing each of these claims, the 5th Circuit held that the Administrative Law Judge had broad discretion to manage its docket to promote judicial economy, efficiency, and to protect the interests of the parties. The Sixth Circuit further found that even if the tapes were admissible, failure to admit the tapes would be a harmless error because there was substantial evidence in the record supporting the agency's determination that ZooCats wilfully violated the AWA. Finally, the 6th Circuit held ZooCats was not a research facility under the AWA because it had not researched, tested, or experimented in the almost ten years since it registered as a research facility. The 6th Circuit therefore denied Petitioner’s petition. | Case |