Summary:
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Defendant shot plaintiff's dogs after perceiving they were a threat to her livestock and her when they trespassed upon her property. In denying defendant's claim for punitive damages, the court observed that in this case, defendant's conduct, while drastic, did not rise to the level of outrageousness. With regard to the trial court's award of only the market value of the dog to plaintiff , the court noted that it agreed with those courts that recognize that the actual value of the pet to the owner, rather than the fair market value, is sometimes the proper measure of the pet's value. However, the court declined to award Mitchell damages for her dog's sentimental value as a component of actual value to her as the dog's owner.
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Defendant shot plaintiff's dogs after perceiving they were a threat to her livestock and her when they trespassed upon her property. In denying defendant's claim for punitive damages, the court observed that in this case, defendant's conduct, while drastic, did not rise to the level of outrageousness. With regard to the trial court's award of only the market value of the dog to plaintiff , the court noted that it agreed with those courts that recognize that the actual value of the pet to the owner, rather than the fair market value, is sometimes the proper measure of the pet's value. However, the court declined to award Mitchell damages for her dog's sentimental value as a component of actual value to her as the dog's owner.