|
Quesada v. Compassion First Pet Hosps |
In this unpublished case, plaintiff’s cat “Amor” was euthanized after being diagnosed with heart failure disease and saddle thrombus. At the hospital, plaintiff was visibly affected by the death of his cat, who he was allowed to say goodbye to. Plaintiff also talked and sang to Amor’s body until the body was retrieved. Plaintiff was informed that during the procedure Amor had bitten one of the nurses and that state law required a brain tissue sample to rule out rabies. Plaintiff informed the veterinarian of his wish to display Amor's body for viewing prior to cremation in two different instances. Neither the procedure or alternative procedures were explained to the plaintiff. At the body’s viewing, the plaintiff discovered that his cat had been decapitated. Plaintiff became extremely emotional after discovering his cat’s head had been disposed of as medical waste. As a result of the decapitation, plaintiff developed several severe mental health issues. Plaintiff filed a claim alleging negligent infliction of emotional distress, negligence, and bailment. The case was dismissed for Plaintiff’s failure to state a claim upon which relief may be granted. Plaintiff appealed the decision alleging that the lower court had mistakenly applied the standard of the bystander negligent infliction of emotional distress, instead of a direct liability claim and error in dismissing his remaining negligence and bailment claims. The court agreed with the plaintiff and reversed the dismissal and remanded for further proceedings. On the count of negligent infliction of emotional distress, the court held that plaintiff’s claim did not fall under the "bystander" liability as his severe emotional distress arose after the passing of his cat and upon seeing his cat's decapitated body. Additionally, the court stated that plaintiff’s “emotional reaction combined with the fact that defendant was twice on notice that plaintiff intended to have a viewing of his cat's body prior to cremation established that defendants owed plaintiff a duty.” Defendants breached this duty by being on notice of plaintiff emotional distress and failing to properly inform plaintiff of the typical procedure of decapitating the cat for rabies testing, inform him of alternative testing procedures, and failing to request that the cat's head be returned after decapitation and prior to the showing. Suffering of plaintiff’s illnesses was still to be determined. The court found that the plaintiff “had pleaded a direct claim of negligent infliction of emotional distress sufficient to withstand a motion to dismiss for failure to state a claim.” A claim of bailment had also been appropriately pleaded since plaintiff had given defendants control of his cat's body and defendant returned it in a damaged condition. |
|
Quick Index of Pleadings Topics |
This alphabetical topical index provides links to the summaries of various pleadings. You may then click on the case name, which will bring you to a summary and listing of the available pleading documents for that specific case.
|
|
Rabideau v. City of Racine |
Pet owner could not recover damages for negligent infliction of emotional distress after a police officer shot her dog. While the court recognized the bond between owner and pet, public policy prevented such recovery. However, under the proper circumstances, a person could recover for intentional infliction of emotional distress for the loss of a pet.
|
|
Recovery of "Non-Economic Damages" for Wrongful Killing or Injury of Companion Animals: A Judicial and Legislative Trend |
Ms. Waisman and Ms. Newell discuss the recent legislative actions regarding recovery of non-economic damages for companion animals. They explore the history of human loss of consortium and companionship damages, the role nonhuman animals play in human lives, and propose legislation that will adequately reflect nonhuman animals' place in our society.
|
|
RECOVERY OF COMMON LAW DAMAGES FOR EMOTIONAL DISTRESS, LOSS OF SOCIETY, AND LOSS OF COMPANIONSHIP FOR THE WRONGFUL DEATH OF A COMPANION ANIMAL |
|
|
Reed v. Vickery |
A veterinarian performed a pre-purchase examination on a horse and indicated to the prospective buyers that the horse was in good health. The vet facility failed to disclose that a different vet at the same facility had injected the horse to mask lameness. The purchasers had a cause of action for negligence where the statements made by the facility constituted misrepresentations or concealment. The measure of damages was the difference between the horse’s fair market value before and after the loss.
|
|
Rego v. Madalinski |
In this case, appellee's dog attacked appellant's dog while on appellee's property. Veterinary bills were over $10,000, and the municipal court capped compensatory damages at the fair market value of animal of $400, reasoning that animals are considered personal property. On appeal, this court discusses situations where veterinary costs are appropriate as damages, such as veterinary malpractice suits or where the animal had special characteristics like pedigree, training, or breeding income. Though this case does not fit into those categories, the court recognizes a ‘semi-property’ or 'companion property' classification of animals, and reverse the municipal court and remand for a damages hearing. |
|
Resolucion No. 10, 2022, Munay, the dog - Peru |
In this case, the plaintiff's mixed breed dog, named Munay, was attacked and seriously injured by the defendant's two unleashed and unmuzzled rottweilers. The defendant knew her rottweilers were considered a "potentially dangerous breed" and had documentation confirming her responsibility for them. The court awarded the plaintiff damages for her emotional suffering and related expenses, recognizing that the attack impacted her emotionally because her dog is considered part of her family under the concept of a multispecies family. The court noted that pets should not be viewed merely as property but as beings with meaningful bonds to their owners. |
|
Resolving Confusion in Pet Owner Tort Cases: Recognizing Pets' Anthropomorphic Qualities Under a Property Classification |
The author examines the important role pets play in our lives in contrast with their nominal assessed market value by courts. The author then provides a uniform suggestion that will enable courts to standardize an owner's pet loss claim. Courts should continue to classify pets as property, yet relax the classification standard to permit a flexible market value analysis that includes the right to assert a punitive damage claim as a means of providing adequate and fair recompense to the grieving pet owner.
|
|
Richard B. Rappaport v. Max E. McElroy, D.V.M., Sherwood Veterinary Clinic, Inc. and Does 1 through 30, Inclusive |
In this California case, plaintiff sued a veterinarian for giving his exotic pet (a Serval cat), a flea treatment known to be toxic to cats. The veterinary malpractice action focused on defendant’s negligence in failing to exercise a reasonable level of knowledge and skill ordinarily possessed by others practicing veterinary medicine. In fact, plaintiff contended that it is well known in the field and indicated by the manufacturer of Spotton, that the drug should not be used on felines. Plaintiff prayed for damages in the amount of $25,000, which included lost wages, the commercial value of the cat, and loss of companionship, among other things.
|
