Illinois

Summary: Plaintiff dog owners sought review of an order of the Circuit Court of Cook County (Illinois), which dismissed their complaint against defendants, animal hospital and veterinarians, with prejudice. The trial court held that plaintiffs' complaint to recover damages for the loss of companionship they experienced as a result of the death of their dog failed to state a cause of action. The court affirmed the order of the trial court that dismissed the complaint filed by plaintiff dog owners against defendants, animal hospital and veterinarians. The court held that the law did not permit a dog owner to recover for the loss of companionship of a dog.

Summary: In this Illinois case, the Plaintiff, City of Rolling Meadows, brought an action against defendant for keeping an undomesticated animal, a monkey, in her home in violation of a city ordinance. The lower court entered judgment in favor of plaintiff. At issue on appeal is the construction and application to be given the phrase “other than domesticated house pets” as set forth in the ordinance in question. The court was required to adopt the common and approved usage of the term 'domesticated.' The court concluded that the evidence presented established as a matter of law that Yondi is a domesticated animal. Thus, the trial court erred in finding defendant in violation of ordinance 4-28 because the monkey was a domesticated house pet.

Summary: Horse owner sued breeder for negligence and conversion after breeder returned the wrong mare. On issue of damages, Appellate Court held that evidence was insufficient to support the jury award because 1) evidence of value of mare’s offspring four years after conversion was irrelevant and prejudicial; 2) trial court's instruction to jury allowed recovery for the horse's unborn offspring as well as fair market value of horse in foal, which permitted a double recovery; and 3) owner could not recover his expenses after he learned of switch and made no effort to resolve the problem because he had duty to avoid further loss.

Summary: In this Illinois case, the defendant, Joseph R. Fiala, appealed a violation of the Village Code of Carpentersville, which prohibited the ownership of more than two adult dogs at his single-family residence.  In a hearing, one of defendant's neighbor's testified that the defendant was maintaining 15 large red dogs (Irish setters).  The Illinois Appellate Court held that the village had statutory authority to enact any ordinance necessary for the promotion of health, safety and welfare of the community and that a municipality may also pass ordinances that "define, prevent, and abate nuisances."  Further, the court also held that the village ordinance is not unconstitutional as violative of equal protection based on a classification between single-family residences and single-family units within multiple housing buildings, where such considerations of indoor and outdoor space, density, and proximity to others, noise levels, and structural differences, are rationally related to the object of the ordinance.

Summary: The State of Illinois seeks to intervene as a protector of wildlife in a zoning action where the property at issue was adjacent to a bald eagle refuge.  The court denied the state's request, finding that it did not have a stake in the litigation as it held no property interest nor was it representing a special class of people.  Instead, the court found the state's interest speculative and the immediacy of harm was nonexistent, as it would create "bad law" to allow the State to intervene whenever there was a potential ecological or environmental consequence in a civil lawsuit.  For further discussion on the federal Bald and Golden Eagle Protection Act, see Detailed Discussion of Eagle Act .

Summary: Plaintiff's dog was picked up by animal control for running-at-large. The plaintiff expressed his intent to reclaim the dog but before doing so the holding period expired and the dog was euthanized. The plaintiff sued the veterinarian for conversion. The court held that the euthanasia was not conversion because the impoundment ordinance gave the animal shelter a right to euthanize the dog after the holding period expired.

Summary: Toddler accidentally stepped on the tail of the owner's dog, and the dog responded by scratching her eye, causing permanent damage to the tear duct.  The toddler sought damages under Ill. Rev. Stat. ch. 8, para. 366 (1973), arguing that her unintentional act did not constitute provocation.  The court held that provocation under the statute referred to both intentional or unintentional acts.  Because the dog was provoked by the unintentional act, he did not react viciously.

Summary: An 8-year-old girl suffered injuries as a result of being bitten by a dog that escaped from a veterinarian clinic. The girl sued the clinic and the owner of the dog, but the owner was granted a motion for summary judgment because she did not have care or dominion over the animal at the time of the injury; this decision was then appealed.  The Second District Appellate Court of Illinois held the Animal Control Act (510 ILCS 5/16) did not impose strict liability on a dog owner solely because he or she was the legal owner of a dog. The lower court’s decision was therefore affirmed because there was no reasonable or factual basis to impose liability.

Summary: As the result of a dog bite on the defendant’s rental property, the plaintiff suffered a torn cheek and irreparable damage to her ear. The plaintiff therefore attempted to recover damages from the defendant on the common law theory of negligence and through Illinois’ Animal Control Act. The trial court, however, dismissed the Animal Control Act claim and, later, granted the defendant’s motion for summary judgment on the negligence claim. Upon appeal, the appellate court affirmed the lower court’s decision, though it stated a motion for summary judgment was more appropriate then the motion to dismiss for the Animal Control Act claim.   

Summary: Defendant owned five cats and housed 82 feral cats in her home. One of her pet cats developed a respiratory infection and had to be euthanized as a result of unsanitary conditions. Defendant was convicted of violating the duties of an animal owner, and she appealed. The Appellate Court held that the statute requiring animal owners to provide humane care and treatment contained sufficiently definite standards for unbiased application, and that a person of ordinary intelligence would consider defendant's conduct toward her pet cat to be inhumane.