Roman v. Carroll
Summary: The question on this appeal is whether a plaintiff can recover damages for emotional distress she suffered from watching defendants' St. Bernard dismember plaintiff's poodle while she was walking the dog near her home. Relying on a case that allowed damages for emotional distress suffered from witnessing injury to a third person, plaintiff contended that her relationship with her poodle was a close one within the confines of that case. However, the court summarily denied her claim, holding that a dog is personal property and damages are not recoverable for negligent infliction of emotional distress from witnessing injury to property.
The question on this appeal is whether a plaintiff can recover damages for emotional distress she suffered from watching defendants' St. Bernard dismember plaintiff's poodle while she was walking the dog near her home. Relying on a case that allowed damages for emotional distress suffered from witnessing injury to a third person, plaintiff contended that her relationship with her poodle was a close one within the confines of that case. However, the court summarily denied her claim, holding that a dog is personal property and damages are not recoverable for negligent infliction of emotional distress from witnessing injury to property.