Texas

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Titlesort ascending Summary
Zeid v. Pearce


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.

Young's Bus Lines v. Redmon


Appellee blind newspaper vendor had a trained seeing eye dog that was run over and killed by a public bus, driven by appellant. The court held that the measure of damages was the market value of the dog at the time and place where it was killed. If the dog had no market value, then the intrinsic or actual value to appellee was the measure of damages.

Williams v. Neutercorp (Unpublished)


Appellant sought review of the order from the County Court dismissing appellant's lawsuit after it sustained the special exception filed by appellee company, appellee animal hospital, and appellee veterinarian in appellant's suit which alleged negligence and violations of the Texas Deceptive Trade Practices-Consumer Protection Act, Tex. Bus. & Com. Code Ann. § 17.50.  The special execption is that the Veterinary Licensing Act, Tex. Rev. Civ. Stat. Ann. art. 8890, 18C, expressly provided that the DTPA did not apply in veterinary malpractice cases.The court affirmed the lower court's order dismissing appellant's suit against appellees because the lower court did not abuse its discretion by dismissing appellant's pleadings with prejudice, after the lower court sustained the special exception regarding the Deceptive Trade Practices-Consumer Protection Act, and after appellant refused to amend her pleading.

Wilhelm v. Flores


In this Texas case, a deceased worker's estate and his four adult children brought a negligence action against the beekeeper and others, after the worker died from anaphylactic shock caused by bee stings.  On petition for review, the Supreme Court held that beekeeper did not owe worker, a commercial buyer's employee, any duty to warn him of dangers associated with bee stings or to protect worker from being stung.

Westfall v. State


Defendant convicted of cruelty for intentionally or knowingly torturing his cattle by failing to provide necessary food or care, causing them to die. Defendant lacked standing to challenge warrantless search of property because he had no expectation of privacy under open fields doctrine.

Watson v. State of Texas


Defendants were convicted of attack by dog resulting in death (Tex. Health & Safety Code § 822.005(a)(1)) after a 7-year-old was killed by several of defendants' pit bull dogs. On this appeal, appellants contend that the statute fails to define the terms “attack” and “unprovoked,” and that it fails to specify what conduct is prohibited, resulting in arbitrary enforcement. Thus, jurors could have determined different definitions of the elements of the offense, violating the unanimous jury guarantees of the Texas and United States Constitutions. The Court of Criminal Appeals disagreed, finding, "[t]he statute contains objective criteria for determining what conduct is prohibited and therefore does not permit arbitrary enforcement." The Court of Criminal Appeals affirmed the Court of Appeals decision stating that the Dog Attack statute did not violate Due Process and that the defendants' convictions did not violate the unanimous jury guarantees of the Texas or the U.S. constitution.


Volosen v. State


Appellant killed neighbor's miniature dachshund with a maul when he found it among his chickens in his backyard, and he defends that Health & Safety Code 822 gave him legal authority to do so.  At the bench trial, the judge found him guilty of animal cruelty, but on appeal the court reversed the conviction because it found that the statute gave him legal authority to kill the attacking dog.  However, this court held that appellant did not meet his burden of production to show that the statute was adopted in Colleyville, TX and found as a matter of fact that the dog was not "attacking."

Volosen v. State


In this Texas case, the trial court found Appellant Mircea Volosen guilty of animal cruelty for killing a neighbor's dog. The sole issue on appeal is whether the State met its burden of presenting legally sufficient evidence that Volosen was "without legal authority" to kill the dog. By statute, a dog that "is attacking, is about to attack, or has recently attacked ... fowls may be killed by ... any person witnessing the attack." The court found that no rational trier of fact could have determined beyond a reasonable doubt that the dog was not attacking or had not recently attacked chickens in a pen in Volosen's yard; thus, the evidence is legally insufficient to establish that Volosen killed the dog "without legal authority" as required to sustain a conviction for animal cruelty. 

Judgment Reversed by


Volosen v. State

, 227 S.W.3d 77 (Tex.Crim.App., 2007).


Volosen v. State


The appellant/defendant mauled a miniature dachshund to death after the dog entered a yard where the appellant kept his chickens. The State of Texas prosecuted the appellant/defendant for cruelty to animals on the ground that the appellant/defendant killed the dog without legal authority. The appellant/defendant, however, argued that section 822.033 of the Texas Health and Safety Code, an entirely different statute, provided that authority. After the appeals court reversed the district court’s decision to convict the defendant/appellant, the Texas Court of Criminal Appeals found that the appellant/defendant had failed to meet his burden of production to show the applicability of his claimed defense and thus reversed the court of appeals’ judgment and remand the case back to that court.

Vavrecka v. State


Defendant appealed a conviction for cruelty to animals after several dogs that appeared malnourished and emaciated with no visible food or water nearby were found on Defendant’s property by a police officer and an Animal Control officer.  The Court of Appeals of Texas, Houston, 14th District confirmed the conviction, finding that Defendant waived any error with respect to her motion to suppress evidence by affirmatively stating at trial that Defendant had “no objection” to the admission of evidence. Finally, the Court’s denial of Defendant’s request to show evidence of Defendant’s past practice and routine of caring for stray animals and nursing them to health did not deprive Defendant of a complete defense.


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