North Carolina

Summary: This North Carolina case is an appeal from a denial of summary judgment in favor of Franklin County Animal Control. Defendants argue that the trial court erred by declining to enter summary judgment in their favor on the basis of governmental immunity. The appellate court agreed, reversed the trial court's decision, and remanded for an entry of summary judgment for defendants. The court found that there is no dispute in the record that Franklin County Animal Control and Stallings, in his official capacity as an Animal Control Officer, were performing a governmental function in impounding and euthanizing plaintiff's dog. Further, plaintiff failed to allege in her complaint that defendants waived governmental immunity, subjecting her action to dismissal.

Summary: University operated a horse breeding management facility. Industrial Commission found that University was negligent in broodmare's death that occurred during transport. The Court of Appeals held that mare’s owners were entitled to lost profit for a single breeding cycle.

Summary: In this North Carolina case, defendant dog owners appealed from a decision of the County Board of Health that ruled their dog could not be returned home because of the dog's potential exposure to rabies as result of attacking a raccoon (the dog was scheduled for euthanization). After the Board denied the owners' appeal, they filed a complaint against county which contained motions for preliminary and permanent injunctions to prevent dog's quarantine and for class certification. The Court of Appeals held that the owners' appeal of Board's decision to quarantine dog was moot because dog had already been returned home. The action against the animal control officers was dismissed because the officers were shielded by governmental immunity.

Summary: Plaintiff owned a Gun Club and sponsored a pigeon shoot.   He challenged the constitutionality of a statute prohibiting the intentional wounding or killing of animals.  Held:  unconstitutionally vague.

Summary: After an animal hospital caused the death of a dog due to an improperly placed feeding tube, the dog owners sued for veterinary malpractice under the Tort Claims Act. The Court of Appeals held that the replacement value of the dog was the appropriate measure of damages, and not the intrinsic value. Owners’ emotional bond with the dog was not compensable under North Carolina law.

Summary: In this North Carolina case, Defendant appealed her conviction for misdemeanor animal cruelty. Defendant primarily argued that the “evidence failed to establish that mere exposure to the living conditions constituted torment as defined by § 14-306(c).” The Court disagreed, finding that the stench of defendant's residence required the fire department to bring breathing apparatus for the animal control officers and urine and feces coated "everything" in the house, including the cats, was sufficient to support a conclusion by a reasonable jury that defendant “tormented” cat C142, causing it unjustifiable pain or suffering. The Court, however, vacated the order of restitution for $ 259.22 and remanded for a hearing on the matter because there was no evidence presented at trial supporting the award.

Summary: A mail carrier was attacked by two dogs, and sued the dogs’ owners for negligence. The Court of Appeals affirmed summary judgment for the defendants, holding that a dog owner is not liable unless there is evidence that the dog had a vicious propensity and that the owner knew or should have known that the dog was dangerous.

Summary: In this North Carolina case, defendant challenged her conviction for violating that city ordinance that limited the number of dogs greater than five months of age that can be kept on premises within the city limits to three. After conviction, defendant appealed the constitutionality of the ordinance, arguing that it was “arbitrary and without any justification” and “fails to stand upon a rational basis.” This Court disagreed. First noting that legislative enactments have a presumption of constitutionality, the Court held that the town of Nashville enacted the ordinance for the purpose of reducing noise and odor problems. These objectives are clearly legitimate public purposes, and the limitation on the number of dogs is directly related to those objectives.

Summary: In this North Carolina Case, Barbara and Robert Woodley (defendants) appeal from an injunction forfeiting all rights in the animals possessed by defendants and the removal of the animals from defendants' control, and an order granting temporary custody of the animals to the Animal Legal Defense Fund. On 23 December 2004, plaintiff filed a complaint against defendants seeking preliminary and permanent injunctions under North Carolina's Civil Remedy for Protection of Animals statute (Section 19A). N.C. Gen.Stat. § 19A-1 et seq. (2005). Plaintiff alleged that defendants abused and neglected a large number of dogs (as well as some birds) in their possession. On appeal, defendants argue that Section 19A is unconstitutional in that it purports to grant standing to persons who have suffered no injury, and that it violates Article IV, Section 13 of the N.C. Constitution by granting standing through statute. The court held that Article IV, Section 13 merely “abolished the distinction between actions at law and suits in equity," rather than placing limitations on the legislature's ability to create actions by statute, contrary to defendants' interpretation.

Summary: Plaintiff entered an oral agreement for defendant to board and train her horse, Talladega.  The horse died within  two months from starvation, and the Harnett County Animal Control found three other horses under defendant's care that were underfed, and seized them.  The jury trial resulted in a conviction of two counts of misdemeanor animal cruelty from which the defendant appeals.  However, this court affirms the jury's conviction, stating that the assignment of error is without merit and would not have affected the jury's conviction.