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Kennedy v. Byas |
Plaintiff filed for a Writ of Certiorari requesting that his case be transfered from circuit court to county court. He was seeking damages for emotional distress, following alleged veterinary malpractice by the defendant. The Court held that Florida would not consider pets to be part of an actual family, that damages for emotional distress will not be permitted, and therefore the plaintiff did not have sufficient damages to met the circuit court jurisdictional amount.
Petition denied..
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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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Kimes v. Grosser |
After neighbors shot a cat, the owners sued to recover costs of its medical care and punitive damages. The owner of an injured pet may recover the lesser of the diminution of the market value of the animal, or the reasonable cost of repair. The Court of Appeal held that the owner could recover damages for costs incurred in treating the cat even if the costs exceeded the market value of the cat. The owner could also recover punitive damages upon a showing that the shooting was willful.
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King v. Karpe |
Plaintiff sued for damages after a cow was sent to slaughter after a veterinarian had determined that she was incapable of breeding. The court recognized “peculiar value” of the cow where there was evidence that she was slaughtered before she had completed a course of treatment meant to restore her to brood status, that she could have produced for another five or six years, that the three bull calves she had produced were outstanding, that defendant took a half interest in them as the breeding fee and exhibited them at shows, that the cow's blood line produced calves particularly valuable for inbreeding, that plaintiff needed this type of stock to build up her herd, and that defendant had knowledge of these facts. The value of the bull to which the cow had been bred was also material to the cow’s actual value.
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Kintner v. Claverack Rural Elec. Co-op., Inc. |
A dairy farmer sued electric utility for trespass and damages after 14 cows were electrocuted by downed power lines. The Superior Court held that the dairy farmer was not entitled to loss-of-use damages because he chose to replace the electrocuted cows by raising others from his herd rather than by immediately buying mature milk-producing cows.
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Knowles Animal Hospital, Inc. v. Wills |
Dog owners brought negligence action against veterinarian and animal hospital after their dog suffered injuries while under the veterinarian's and the hospital's care. The Appeals Court held that the trial court did not err by allowing the jury to consider plaintiff-owners' mental pain and suffering, and that the jury could reasonably have viewed defendants' neglectful conduct resulting in the dog's injury to have amounted to great indifference to plaintiffs' property.
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Koester v. VCA Animal Hosp. |
Plaintiff pled damages that included plaintiff's pain and suffering, extreme fright, shock, mortification, and the loss of the companionship of his dog after negligent treatment by defendant animal hospital killed his dog. The court noted that there is no Michigan precedent that permits the recovery of damages for emotional injuries allegedly suffered as a consequence of property damage. Although this Court is sympathetic to plaintiff's position, it chose to defer to the Legislature to create such a remedy.
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Kondaurov v. Kerdasha |
In
Kondaurov v. Kerdasha
,
the Virginia Supreme Court held that the plaintiff-motorist could not recover damages for emotional or mental anguish she suffered either because of her concern for injuries sustained by her dog, who was riding in motorist's car at time of accident. Here, the plaintiff was clearly entitled to be compensated in damages for any emotional distress she suffered as a consequence of the physical impact she sustained in the accident. However, the court noted that Virginia still views pets as personal property, and plaintiffs cannot recover emotional distress damages resulting from negligently inflicted injury to personal property.
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Krasnecky v. Meffen |
In
Krasnecky v Meffen
, the plaintiffs sought damages for emotional distress, loss of companionship, and society when defendant’s dogs broke into plaintiff’s backyard and killed their seven sheep. The plaintiffs loved their sheep like a parent would love a child, and went so far as to throw birthday parties for them. Plaintiff’s counsel, Steven Wise, Esq., also instructed the court to consult a text on veterinary ethics, which defined companion animals to include the plaintiff’s sheep within the definition. The court did not address the issue concerning the emotional distress claim, but instead stated that the class of persons authorized to recover were “persons” closely related to the injured person. Furthermore, Justice Jacobs noted that it would be irrational for plaintiffs to have greater rights in the case of a companion animal than in a case of the tortious death of an immediate family member.
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Krcmar v. Kirkland |
Veterinarian abused dog, resulting in death. Veterinarian then tried to cover up his actions by improper disposal of body. This is a malpractice suit for damages. This is also a good example of "conspiracy of silence."
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