Pet Damages

Displaying 11 - 20 of 353
Titlesort ascending Summary
Wilson v. City of Eagan


At issue is an Eagan, Minnesota ordinance that provides an impounded animal must be held for five days before being destroyed.  In direct contravention of the ordinance and statute, Eagan animal warden Cary Larson and police officer Robert O'Brien, in performance of their duties, intentionally killed Timothy Wilson's pet cat on the same day it was properly impounded.  By first finding that punitive damages were not precluded by statute against municipal employees, the court then examined whether punitive damages were appropriate in this case.  While the court did not find that Larson acted with malice, it did find that his conduct in violating the statute showed a willful disregard for property rights. 
Williams v. Spinola


Defendant appeals from a judgment entered on a jury verdict awarding plaintiff $3,600 in compensatory and $4,000 in punitive damages for the unlawful killing of plaintiff's dogs. Defendant contended at trial that the dogs were trying molest her sheep. With regard to defendant's claim on appeal that punitive damages were not appropriate in this case, the court agreed that the issue should not have been submitted to the jury. The court affirmed the jury's finding with regard to denial of defendant's directed verdict, and reversed the award of punitive damages.
Williams v. Reynolds This is an action for veterinary malpractice brought by the owner of a horse against a veterinarian that performed the castration surgery that led to the death of the horse. The trial court refused to allow a veterinarian with experience practicing in the same area and with a similar background to testify about whether he was familiar the accepted standards or to answer questions to elicit his opinion about whether defendant's treatment of the horse was unacceptable for practicing veterinarians in the area. The trial court then granted defendant's motion for a directed verdict, and this appeal followed. The court held that the judge erred in excluding the testimony, and reversed and remanded the case.
Williams v. Neutercorp (Unpublished)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.
Williams v. McMahan


The plaintiff sued for damages as a result of the wrongful spaying of her purebred dog, which she intended to breed. The court found that damages should be measured by the fair market value of the dog.
WILCOX v. BUTT'S DRUG STORES, Inc.


In

Wilcox v. Butt’s Drug Stores

, plaintiff came into pharmacy to purchase her usual laxative for her show dogs when pharmacist recommended a different brand that ended up killing one of the dogs. The New Mexico Supreme Court held that although sentimental value was not appropriate when calculating the dog’s value, it found recovery not to be limited to market value. Factors such as breed, special qualities, and purchase price were looked at to determine value.
WI - Dog Bite - Chapter 174. Dogs. 174.12. Actions against owners This Wisconsin statute outlines the allowance procedure by counties for damage done by dogs after a claim is filed and the county sues to recover from the owner of the damaging dog. The claimant shall first be notified that such action is contemplated and shall have been given a reasonable opportunity to be heard and to offer further evidence in support of the claimant's claim. It also provides that this chapter shall not in any way limit the existing right or authority of any town, village or city to pass ordinances for the keeping and regulating of dogs, or repeal or annul any existing statute or ordinance or local regulation governing the keeping and regulating of dogs.
WI - Cats - Question 62 - DEFEATED

This controversial measure would have allowed hunters to hunt any cat that was found free roaming, meaning it did not exhibit a collar or other signs of domestic ownership.  At the Monday, April 11, 2005 meeting of the Wisconsin Conservation Congress, those in favor of the feral cat hunting proposal  approved the measure by a vote of 6,830 to 5,201.  This approval was then forwarded to the state Natural Resources Board for consideration.  Proponents of the measure suggest feral cats expose domestic animals to disease and endanger native songbirds.  Opponents of the measure counter that such a law would be cruel and archaic, putting domestic cats who have escaped from their homes at risk of death.  On May 25, 2005 at the Natural Resources Board regular spring meeting, a representative of the Congress indicated that the Executive Committee has declined to pursue the issue any further.  (See the official meeting minutes at page 5 at http://dnr.wi.gov/org/nrboard/minutes/M05/0505%20minutes.pdf ).  Feral cat advocates claimed a public relations victory, as the measure gained national and even international criticism.  (See Alley Cat Allies at http://www.alleycat.org/wi.html ).  (For more on the procedural history of this measure, see the "Long Summary" under the "Statute Details" above).   

What is the Current Law Concerning the Civil and Financial Responsibility of Dog Owners Whose Dogs Injure Others?


This article explores the various legal claims which can be brought against a pet owner for injuries that his or her pet has caused. It also reviews defenses that pet owners can assert.
What Claims Can be Brought When a Pet Has Been Shot Unlawfully?


This article reviews state and federal causes of action that can be brought when a pet has been shot unlawfully and the different claims that are available depending on whether the shooter is a government employee, such as a police officer or animal control official, or an ordinary citizen. The articles also explores the various defenses that defendants may assert, including qualified immunity for government employees.

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