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Matter of Marriage of Niemi |
Douglas Niemi appealed the trial court's order granting Mariah Niemi visits with their two dogs, which were awarded to Douglas as his separate property in a dissolution proceeding. Douglas and Mariah were married for 27 years and had two large dogs who were each about two years old. During the petition for legal separation, Mariah asked for 10 hours a week of visitation with the dogs because they were "family members." Following the trial, Mariah continued to emphasize her desire to have access to the dogs and the court ultimately awarded the dogs to Douglas as separate property, but allowed Mariah visits with the dogs three times a week. Douglas appealed that award, contending that the trial court abused its discretion by awarding visitation of his separate property. Mariah countered with the fact a court has discretion to grant her access to this "special classification" of property. Here, the Court of Appeals agreed with Douglas, finding that the lower court had no authority under Washington law to compel a party to produce separate property after a marital dissolution. The court also held that is not the province of the court to recognize a special category of personal property when the statute has not done so. Finally, the court observed that such agreements about visitation with animals would lead to continuing supervision and enforcement problems in the court system. Because the trial court exceeded its authority in awarding visitation rights, this court reversed and remanded the issue for the trial court to strike the provision related to visitation and maintenance costs for the dogs. |
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Mary Grace Long, plaintiff v. Miles R. Lewis and Darnell Webb, defendants |
This King County, Washington case concerns the appropriate measure of damages for the loss of plaintiff's cat. The court granted plaintiff's motion, finding that damages can include intrinsic value and loss of use. While "loss of companionship" may be the subject of testimony and argument, the court stated that it may not be a "line item" measure of damages.
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MARILYN DANTON v. ST. FRANCIS 24 HOUR ANIMAL HOSPITAL, P.C. a Washington professional services corporation (UBI 602-029-072); an |
This Washington case involves plaintiff's suit against defendant animal hospital for the escape of her cat while the cat was being boarded at the hospital. Plaintiff sued for simple negligence with a presumption of res ipsa loquitur and breach of bailment contract. With regard to damages, plaintiff pleads intrinsic value of "Moochie," which includes as component the emotional distress suffered by plaintiff. Following a six-person jury trial, the jury returned a verdict in favor of plaintiff on her negligence and breach of contract claims in a total amount of $2,500.00 |
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MARILYN DANTON v. ST. FRANCIS 24 HOUR ANIMAL HOSPITAL, P.C. a Washington professional services corporation (UBI 602-029-072); an |
This document contains the court's instructions to the jury in the Danton v. St. Francis case that concerned the escape of a companion animal (cat) from defendant animal hospital. The cat was being boarded at the hospital at the time it escaped.
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Mansour v. King County |
King County Animal Control issued an order requiring that Mansour to remove his dog from King County or give her up to be euthanized. On appeal, Mansour argued that the Board hearing violated his due process rights. The court of appeals agreed, finding that in order for Mansour, or any other pet owner, to effectively present his case and rebut the evidence against him, due process requires that he be able to subpoena witnesses and records.
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Lucille Everette, Plaintiff v. HBPC Corporation, PS d/b/a Highland Bird & Pet Clinic, a Washington Corporation (UBI 602-374-921) |
This King County, Washington order states that the appropriate measure of damages for "Tashi" is intrinsic value and not fair market or replacement value. The matter came before the court on plaintiff's motion concerning damage theories.
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Kimball v. Betts |
In an action for conversion of household goods kept for use and not for sale, it is not necessary to prove that such goods have no market value as a condition precedent to the right to introduce proof of actual value. If they have no market value, the measure of damages for their conversion is their value to the owner based on the actual money lost.
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In re Knippling |
The Defendant was convicted in the Superior Court in Spokane County, Washington of second degree assault and first degree animal cruelty. The Defendant requested that he receive credit against his term of community custody for the extra 24 months' confinement time he served before he was re-sentenced.
The Court of Appeals held that the Defendant was entitled to 24 months credit against his term of community custody.
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Hendrickson v. Tender Care Animal Hospital Corporation |
Dog owner brought claims of professional negligence, negligent misrepresentation, lack of informed consent, reckless breach of a bailment contract, and emotional distress after her golder retriever, Bear, died following a routine neutering procedure. After the surgery, Bear was bloated and vomiting, and the owner alleged that the animal hospital failed to properly inform her of his condition. As a result, the owner treated Bear with a homeopathic remedy instead of the prescription medication given to her by the hospital and Bear's condition worsened and eventually caused his death. |
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Graham v. Notti |
The court held that the adoption of a dog from an animal shelter was invalid unless the dog was found in "the city" pursuant to the shelter's contract with the local government.
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