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Lincecum v. Smith |
Despite "Good Samaritan" intent, the defendant was liable for conversion where he authorized a sick puppy's euthanasia without first making reasonable efforts to locate its owner. The court also awarded $50 for the puppy's replacement value and $100 for mental anguish and humiliation.
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Lindauer v. LDB Drainlaying, Inc. |
In this Colorado case, the owners of a thoroughbred racehorse brought a negligence action to recover for injuries to his horse against the corporation that installed underground pipe on property leased by plaintiffs. The lower court entered judgment on a verdict awarding damages to plaintiffs. On appeal, this court held that the evidence of negligence and contributory negligence was sufficient for jury where defendant physically left an unfinished project for two months where the horse was injured. Defendant still owed a duty of care that it would have owed as contractor. However, plaintiffs were not entitled to damages for care and feeding of injured horse.
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Liotta v. Segur |
In this unreported Connecticut case, a dog owner sued a groomer for negligent infliction of emotional distress, alleging that the groomer negligently handled her very large dog when he removed it from her vehicle with “excessive force.” This resulted in a leg fracture, that, after lengthy and expensive care, ultimately resulted in the dog's euthanization. The court held that plaintiff failed to adequately plead a case for negligent infliction of emotional distress, but said in
dicta
that the results might be different for a pet owner who proves
intentional
infliction of emotional distress. Motion for summary judgment as against plaintiff's count two is granted.
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Lockett v. Hill |
In this Oregon case, plaintiff sued defendant after defendant's pit bulls mauled plaintiff's cat to death while they were running loose on plaintiff's property. The trial court found that defendant was negligent and awarded plaintiffs $1,000 in compensatory damages but denied plaintiffs' claims for negligent infliction of emotional distress and loss of companionship. Plaintiff sought appeal of the trial court's denial of damages for negligent infliction of emotional distress (NIED) and loss of companionship. The appellate court affirmed, holding that the cat owner was not entitled to recover damages for emotional distress.
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Lockett v. Hill |
Defendant's pit bulls killed plaintiff's cat while she watched. This is an appellate brief about non-economic damages.
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LOUISVILLE & N. R. CO. v. WATSON |
On November 2, 1920, on a “moonlit night”, plaintiff was fox hunting by a railroad track when his dog was hit by the train. Plaintiff claimed that defendant’s employee negligently ran over his dog while acting within the scope of his duties as an operator of the train. The Alabama Supreme Court affirmed a jury award of $50, and held that it was proper for the plaintiff to show the excellent hunting qualities displayed by this dog to determine its market value.
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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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Mahtani v. Wyeth |
After some plaintiffs alleged their dogs suffered harmed as a result of using a tick and flea treatment medication, while others alleged the product was ineffective, plaintiffs sought to gain class certification in their lawsuit against a pharmaceutical company. Since the district court found that individual inquiry into questions of fact predominated over inquiry into facts common to class members regarding the plaintiffs’ New Jersey Consumer Fraud Act, Unjust Enrichment and Breach of Warranty claims, the plaintiff’s motion for class certification was denied.
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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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