Results
Title |
Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| Boyer v. Seal | 553 So. 2d 827 (La. 1989) | In this case, plaintiff filed suit against her daughter under Civil Code article 2321 after her daughter’s cat accidentally tripped plaintiff causing injury to her wrist and back that required medication and hospitalization. Under Civil Code article 2321, plaintiff must show that the domestic animal created an “unreasonable risk of harm” and that any damage that occurred was a direct result of that harm. Additionally, the plaintiff does not need to show that the animal was acting aggressively or was inherently dangerous to collect damages under the code. The court held that plaintiff did not meet this burden of showing an “unreasonable risk of harm” because the cat “getting underfoot and accidentally tripping the plaintiff was not an unreasonable risk.” | Case | |
| Bowden v. Monroe County Commission | 800 S.E.2d 252 (W. Va. May 18, 2017) | 239 W. Va. 214, 2017 WL 2224052 (W. Va. May 18, 2017) | The Plaintiff, as administratrix of the estate of her late husband, filed a complaint after he was attacked and killed by American Pit Bull Terriers while taking a walk near his home. The Plaintiff filed against the Defendants, Monroe County, the County Dog Warden Ms. Green, and other defendants, alleging, negligence in performing their statutory duties by allowing vicious dogs to remain at large, and wrongful death. The Plaintiff also sought punitive damages. The Defendants filed a motion to dismiss the complaint and asserted a defense based upon the public duty doctrine. The Circuit Court, Monroe County, granted summary judgment in favor of the Defendants. The Plaintiff appealed. The Supreme Court of Appeals of West Virginia reversed the Circuit Court and remanded. The Supreme Court held that genuine issues of material fact existed for determining whether a special relationship existed between the county and the victim such as whether: (1) the dog warden assumed an affirmative duty to act on the victim's behalf, (2) the dog warden was aware that inaction could lead to harm, (3) the dog warden had direct contact with the victim's wife regarding vicious nature of dogs; and (4) the victim's wife justifiably relied on assurances from dog warden. | Case |
| Boulahanis v. Prevo's Family Market, Inc. | 230 Mich.App. 131 (1998) | 583 N.W.2d 509 (Mich.App.,1998) | Michigan Court of Appeals affirmed that the Federal Meat Inspection Act prevents states from adding or modifying federal requirements on meat producers. Claims that purchased meat products are adulterated must be based on federal standards, not Michigan standards. The United States Department of Agriculture elected not to address E. coli contamination, thus Michigan may not impose liability on manufacturers for not addressing possible E. coli contamination. | Case |
| Boss v. State | 964 N.E.2d 931 (Ind.App.,2012) | 2012 WL 1066099 (Ind.App.,2012) | Defendant appealed her convictions of misdemeanor failure to restrain a dog and misdemeanor harboring a non-immunized dog after her dogs attacked a neighbor and a witness to the incident causing serious injury to both parties. Evidence supported her convictions for failure to restrain dogs because her fence had gaps through which the dogs could escape, and another dog was wearing only a loose collar. Evidence supported her convictions for harboring dogs that had not been immunized against rabies because she did not show proof that dogs had been immunized, which supported inferences that she was aware of the high probability that the dogs had not been immunized, and therefore, she knowingly harbored non-immunized dogs. | Case |
| Born Free USA v. Norton | 278 F. Supp 2d 5 (D.D.C. 2003) | 278 F. Supp 2d 5; 57 ERC 1529 |
The zoo sought to import wild elephants from a foreign country, but advocates contended that the officials did not follow CITES properly for the import. The court held that the advocates failed to show a likelihood of success to warrant preliminary injunctive relief, since no overall detriment to the species was shown. |
Case |
| Bormaster v. Henderson | 624 S.W.2d 655 (Tx. 1981) |
This appeal arises out of a suit brought under the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) and for breach of expressed and implied warranties after plaintiff purchased an allegedly defective umbrella cockatoo from a pet shop. Prior to purchase, appellee-seller stated the cockatoo was healthy and gave the appellant an "Official Health Certificate for Animals and Fowl" with a 72-hour expressed warranty on the health of the cockatoo. Two weeks later the cockatoo began showing signs of poor health so appellant took it to a veterinarian (it later died). This court concluded the trial court had sufficient rebuttal evidence upon which to hold appellant failed to prove the cockatoo's death by a preponderance of the evidence. Further, this court agreed with the trial court's finding that appellant failed to prove by a preponderance of the evidence that the appellees committed any false, misleading or deceptive acts under the DTPA, or breached any expressed or implied warranties. |
Case | |
| Bormann v. Board of Supervisors In and For Kossuth County | 584 N.W.2d 309 (Iowa 1998) |
The court held that a statutory immunity provision designed to protect farming operations from nuisance litigation constituted a taking under the Fifth Amendment because the right to maintain an action for nuisance at common law was considered an easement. |
Case | |
| Borenstein v. Animal Foundation | Not Reported in Fed. Supp., 2021 WL 3472190 (D.Nev., 2021) | No. 219CV00985APGDJA, | Plaintiff brought this lawsuit against several defendants for adopting his service animal out to new owners while he was hospitalized. The court dismissed several claims, including those against the hospital defendants, and determined that the Clark County Animal Ordinance governed the hold of the dog. Plaintiff argues that the court misapplied the law, overlooked facts, and that there was new evidence. The court claimed that the animal ordinance applied because the dog was impounded under the vehicle confinement provision, as the dog was found while she was contained in plaintiff's car. Plaintiff argues that the dog was left in the car with the air conditioning on, that the dog had not been left in the car unattended for more than 15-17 minutes, and that hospital staff were supervising the car while the dog was in it. Therefore, the dog was not in danger enough to trigger the vehicle containment provision of the animal ordinance. However, the court found that there was no error in applying the animal ordinance, since plaintiff would be checking into the hospital for an unforeseen amount of time. | Case |
| Booth v. State of Arizona | 83 P.3d 61 (Ariz. 2004) |
Motorist struck an elk lying on the side of the interstate highway and sued the state for negligence. The Court held that the state could be held liable for negligence and that the jury finding that the state breached its duty to keep the highway safe was supported by the evidence. |
Case | |
| Boosman v. Moudy | 488 S.W.2d 917 (Mo.App. 1972) |
In this Missouri case, an action was brought on behalf of a child who was bitten by a dog (a large dog of the malemute breed). After the lower court entered judgment against the dog owner, the owner appealed. The Court of Appeals held that the plaintiff's evidence demonstrated that the dog had become ill-natured and had acquired the persistent menacing habit of growling, bristling and snapping at people. Such behavior was repeatedly brought to the attention of the owner's wife prior to time dog bit child. This evidence, together with owner's evidence that his daughter had encouraged the dog to play tug-of-war with her clothing, supported the verdict in favor of the plaintiff that the injury to child resulted from the propensity of the dog to do bodily harm, either in anger or from playfulness.
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