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Jankoski v. Preiser Animal Hospital, Ltd. |
Plaintiff dog owners sought review of an order of the Circuit Court of Cook County (Illinois), which dismissed their complaint against defendants, animal hospital and veterinarians, with prejudice. The trial court held that plaintiffs' complaint to recover damages for the loss of companionship they experienced as a result of the death of their dog failed to state a cause of action. The court affirmed the order of the trial court that dismissed the complaint filed by plaintiff dog owners against defendants, animal hospital and veterinarians. The court held that the law did not permit a dog owner to recover for the loss of companionship of a dog.
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Jason v. Parks |
In an action, inter alia, to recover damages for veterinary malpractice, the plaintiffs appeal. The court reaffirmed that it is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent destruction of a dog.
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Johnson v. Douglas |
Plaintiff appealed an order denying her claim to emotional distress damages presumably for the death of her dog. The court held that it is well established that a pet owner in New York cannot recover damages for emotional distress caused by the negligent killing of a dog.
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Johnson v. Wander |
Petitioner pet owner alleged that respondent veterinarian took her dog to be spayed, and left the animal on heating pads, which resulted in serious burns, so petitioner filed a claim for damages on the basis of gross negligence, damage to property, and emotional distress. The trial court entered partial summary judgments on the claims for punitive damages and emotional distress and, on a subsequent motion, transferred the case to the county court as a claim for less than the circuit court jurisdictional amount. The appellate court held that there remained a jury question on the issues of gross negligence and physical and mental pain and suffering as claimed by petitioner.
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Jones v. Craddock |
The plaintiff in
Jones v. Craddock
, 210 N.C. 429 (N.C. 1936), brought a cause of action for negligent injury to her dog. In this case of first impression, the court embraced, “. . . the modern view that ordinarily dogs constitute a species of property, subject to all the incidents of chattel and valuable domestic animals.” The court determined that plaintiff was entitled to a cause of action for negligence since defendant could have avoided running over plaintiff’s companion animal with a slight turn.
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JONES v. ST. LOUIS, I. M. & S. RY. CO. |
This involved an action by R. D. Jones against the St. Louis, Iron Mountain & Southern Railway Company, claiming $2,000 damages,--$1,000 for the value of a colt killed by defendant's train, and $1,000 damages for not posting notice of the killing as required by the statute. The court looked at areas in the market outside of the locality since local information on the colt’s market value was not available. The court affirmed the lower court's judgment due to a lack in plaintiff's proofs at trial.
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Julie Marie Grizzel v. James William Hickey d/b/a S & S Farms; Ron Lee Omara and S & S Farms, Inc. aka S.S. Farms Linn County, I |
The plaintiff in this Oregon case brought an action alleging negligence and intentional infliction of emotional distress against the defendant, who was a licensed animal dealer. Plaintiff owned “My Girl,” a purebred cocker spaniel, whom plaintiff cared for and enclosed in a secure, fenced backyard. While My Girl was secure in her backyard, two other individuals seized her and transported her to defendant Hickey (who was known to be engaged in the business of selling animals to research laboratories).
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Katsaris v. Cook |
Plaintiff's neighbor, a livestock rancher, shot plaintiff's sheepdogs after they escaped and trespassed on his property. As a matter of first impression, the court construed the California Food and Agricultural Code provision that allows one to kill a dog that enters an enclosed or unenclosed livestock confinement area with threat of civil or criminal penalty. The court affirmed defendant's motion with regard to the code provision, finding it gave them a privilege to kill the trespassing dogs. Further, the court found defendants owed no duty to plaintiff thereby denying the claim for negligent infliction of emotional distress as a result of negligence in supervising the ranchhand who killed the dogs. With regard to the intentional infliction of emotional distress claim, plaintiffs cite the manner in which the dogs were killed and then dumped in a ditch and the fact defendant denied knowing the fate of the dogs. Relying on the "extreme and outrageous conduct" test, the court held that the defendant's conduct did not fall within the statutory privilege and remanded the issue to the trial court for consideration.
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Kaufman v. Langhofer |
This Arizona based appeal arises out of a veterinary malpractice action filed by plaintiff/appellant David Kaufman against defendants/appellees, William Langhofer, DVM, and Scottsdale Veterinary Clinic over the death of Salty, Kaufman's scarlet macaw. The main issue on appeal is whether a pet owner is entitled to recover emotional distress and loss of companionship damages over the death of his or her pet. Plaintiff argues that the court here should “expand” Arizona common law to allow a pet owner to recover emotional distress damages and damages for loss of companionship in a veterinarian malpractice action. While the court acknowledged the emotional distress Kaufman suffered over Salty's death, it noted that Dr. Langhofer's negligence did not directly harm Kaufman. Thus, the court felt that it would not be appropriate to expand Arizona common law to allow a pet owner to recover emotional distress or loss of companionship damages because that would offer broader compensation for the loss of a pet than for the loss of a human.
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Kautzman v. McDonald |
Plaintiffs sued defendants in their official capacities as law enforcement officers for shooting and killing their five dogs after the dogs escaped from plaintiffs' residence and began roaming the streets. The intentional infliction of emotional distress claim was dismissed because the court held that conduct could not reasonably be viewed as extreme and outrageous after receiving testimony that the dog were aggressive toward the officers. However, the court remanded the negligent infliction of emotional distress claim for further consideration. Plaintiffs asserted that two statutes conferred a duty upon the officers; one an anti-cruelty statute and the other a statute allowing officers to take custody of abandoned animals.
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