Pet Damages

Futch v. State

Summary:

Defendant appealed conviction of cruelty to animals for shooting and killing a neighbor's dog. The Court of Appeals held that the restitution award of $3,000 was warranted even though the owner only paid $750 for the dog. The dog had been trained to hunt and retrieve, and an expert testified that such a dog had a fair market value between $3,000 and $5,000.

Defendant appealed conviction of cruelty to animals for shooting and killing a neighbor's dog. The Court of Appeals held that the restitution award of $3,000 was warranted even though the owner only paid $750 for the dog. The dog had been trained to hunt and retrieve, and an expert testified that such a dog had a fair market value between $3,000 and $5,000.

Greenway v. Northside Hosp., Inc.

Summary:

While completely disoriented at a hospital, the plaintiff was asked by deputies to sign a form releasing his two yellow labs to animal control in the event of the plaintiff's demise. The plaintiff was allegedly informed that if he did not die, he could retrieve his dogs in 7 to 10 days; he therefore signed the form without reading the terms. Later, the nurse informed him that his dogs had been euthanized and plaintiff filed suit. The trial court granted all of the defendants' motions for summary judgment, so the plaintiff appealed. The appellate court found an issue of material fact existed towards all defendants and therefore concluded that the trial court erred in granting all motions for summary judgment. This opinion was vacated and superseded by Greenway v. Northside Hosp., Inc., 730 S.E.2d 742 (Ga. App. 2012) .

While completely disoriented at a hospital, the plaintiff was asked by deputies to sign a form releasing his two yellow labs to animal control in the event of the plaintiff's demise. The plaintiff was allegedly informed that if he did not die, he could retrieve his dogs in 7 to 10 days; he therefore signed the form without reading the terms. Later, the nurse informed him that his dogs had been euthanized and plaintiff filed suit. The trial court granted all of the defendants' motions for summary judgment, so the plaintiff appealed. The appellate court found an issue of material fact existed towards all defendants and therefore concluded that the trial court erred in granting all motions for summary judgment. This opinion was vacated and superseded by Greenway v. Northside Hosp., Inc., 730 S.E.2d 742 (Ga. App. 2012) .

Brown v. Faircloth

Summary:

In this Florida case, the defendant appealed from an adverse judgment involving the sale of a bird dog. The complaint alleged that the defendant was a professional bird dog trainer and field trial handler and as such knew the qualifications necessary for a dog to have in order to compete successfully on the major field trial circuit. Plaintiff claimed that, in order to induce the plaintiff to purchase a bird dog then owned by the defendant, defendant falsely represented and warranted that the dog was of such quality and was, as is generally known in field trial parlance, a 'three-hour dog.' After plaintiff had the dog for a short time, the plaintiff found that the warranty as to soundness was not true but that the dog was infected with heart worms at the time of sale and was not a 'three-hour dog.' Thereupon the plaintiff sought to rescind the contract by returning the dog and demanding back the purchase price of which defendant refused. On appeal, defendant contended that the jury instructions failed to inform the jurors that where the sale of an animal for a particular purpose is involved, there can be no recovery for the breach of an implied warranty unless it is shown by the buyer that he or she made known to the seller the particular purpose for which the animal was being purchased and relied on the seller's skill and judgment. The Supreme Court noted that this case was not bottomed upon that theory, but upon the theory that the defendant expressly warranted the dog to be a 'three-hour dog.' This express warranty carried with it the implied warranties that the animal was sound physically, was finished in his training, and was capable of running three-hour races. In other words, the Court was of the opinion that the express warranties defined by the Court in the charge to the Jury embraced and included any defined, implied warranty.

In this Florida case, the defendant appealed from an adverse judgment involving the sale of a bird dog. The complaint alleged that the defendant was a professional bird dog trainer and field trial handler and as such knew the qualifications necessary for a dog to have in order to compete successfully on the major field trial circuit. Plaintiff claimed that, in order to induce the plaintiff to purchase a bird dog then owned by the defendant, defendant falsely represented and warranted that the dog was of such quality and was, as is generally known in field trial parlance, a 'three-hour dog.' After plaintiff had the dog for a short time, the plaintiff found that the warranty as to soundness was not true but that the dog was infected with heart worms at the time of sale and was not a 'three-hour dog.' Thereupon the plaintiff sought to rescind the contract by returning the dog and demanding back the purchase price of which defendant refused. On appeal, defendant contended that the jury instructions failed to inform the jurors that where the sale of an animal for a particular purpose is involved, there can be no recovery for the breach of an implied warranty unless it is shown by the buyer that he or she made known to the seller the particular purpose for which the animal was being purchased and relied on the seller's skill and judgment. The Supreme Court noted that this case was not bottomed upon that theory, but upon the theory that the defendant expressly warranted the dog to be a 'three-hour dog.' This express warranty carried with it the implied warranties that the animal was sound physically, was finished in his training, and was capable of running three-hour races. In other words, the Court was of the opinion that the express warranties defined by the Court in the charge to the Jury embraced and included any defined, implied warranty.

Johnson v. Wander

Summary:

Petitioner pet owner alleged that respondent veterinarian took her dog to be spayed, and left the animal on heating pads, which resulted in serious burns, so petitioner filed a claim for damages on the basis of gross negligence, damage to property, and emotional distress. The trial court entered partial summary judgments on the claims for punitive damages and emotional distress and, on a subsequent motion, transferred the case to the county court as a claim for less than the circuit court jurisdictional amount.  The appellate court held that there remained a jury question on the issues of gross negligence and physical and mental pain and suffering as claimed by petitioner.

Petitioner pet owner alleged that respondent veterinarian took her dog to be spayed, and left the animal on heating pads, which resulted in serious burns, so petitioner filed a claim for damages on the basis of gross negligence, damage to property, and emotional distress. The trial court entered partial summary judgments on the claims for punitive damages and emotional distress and, on a subsequent motion, transferred the case to the county court as a claim for less than the circuit court jurisdictional amount.  The appellate court held that there remained a jury question on the issues of gross negligence and physical and mental pain and suffering as claimed by petitioner.

Knowles Animal Hospital, Inc. v. Wills

Summary:

Dog owners brought negligence action against veterinarian and animal hospital after their dog suffered injuries while under the veterinarian's and the hospital's care. The Appeals Court held that the trial court did not err by allowing the jury to consider plaintiff-owners' mental pain and suffering, and that the jury could reasonably have viewed defendants' neglectful conduct resulting in the dog's injury to have amounted to great indifference to plaintiffs' property.

Dog owners brought negligence action against veterinarian and animal hospital after their dog suffered injuries while under the veterinarian's and the hospital's care. The Appeals Court held that the trial court did not err by allowing the jury to consider plaintiff-owners' mental pain and suffering, and that the jury could reasonably have viewed defendants' neglectful conduct resulting in the dog's injury to have amounted to great indifference to plaintiffs' property.

Kennedy v. Byas

Summary:

Plaintiff filed for a Writ of Certiorari requesting that his case be transfered from circuit court to county court.  He was seeking damages for emotional distress, following alleged veterinary malpractice by the defendant.  The Court held that Florida would not consider pets to be part of an actual family, that damages for emotional distress will not be permitted, and therefore the plaintiff did not have sufficient damages to met the circuit court jurisdictional amount.   Petition denied..

Plaintiff filed for a Writ of Certiorari requesting that his case be transfered from circuit court to county court.  He was seeking damages for emotional distress, following alleged veterinary malpractice by the defendant.  The Court held that Florida would not consider pets to be part of an actual family, that damages for emotional distress will not be permitted, and therefore the plaintiff did not have sufficient damages to met the circuit court jurisdictional amount.   Petition denied..

WERTMAN v. TIPPING

Summary:

The plaintiffs, owners of a seven-year-old trained, registered full blood German Shepherd dog, sued the defendants for the loss of this dog from the kennels at the animal hospital owned and operated by the defendant. The dog had been boarded at defendant's place and while there escaped from the kennel and was never found. This case set the wheels in motion for companion animals damages in Florida when the court affirmed a verdict of $1000, for a purebred dog. The court declined in only applying the fair market value and held that recovery could include special or pecuniary value to the owner.

The plaintiffs, owners of a seven-year-old trained, registered full blood German Shepherd dog, sued the defendants for the loss of this dog from the kennels at the animal hospital owned and operated by the defendant. The dog had been boarded at defendant's place and while there escaped from the kennel and was never found. This case set the wheels in motion for companion animals damages in Florida when the court affirmed a verdict of $1000, for a purebred dog. The court declined in only applying the fair market value and held that recovery could include special or pecuniary value to the owner.

LaPorte v. Associated Independents, Inc.

Summary:

Respondent was a corporation engaged in the garbage collection business.  One of its employees maliciously hurled an empty garbage can at plaintiff's pet pedigreed dog, who was tethered at the time, killing it.  The issue before the court was the reconsideration not of  the issue of liability, but for determination only of compensatory and punitive damages.  The court stated that it was obvious from the facts that the act performed by the representative of the respondent was malicious and demonstrated an extreme indifference to the rights of the petitioner. Having this view, there was no prohibition of punitive damages relative to awarding compensation for mental pain, as would be the case if there had been physical injury resulting only from simple negligence.  The court went on to say that the restriction of the loss of a pet to its intrinsic value in circumstances such as the ones before us is a principle we cannot accept and that the malicious destruction of the pet provides an element of damage for which the owner should recover, irrespective of the value of the animal because of its special training.

Respondent was a corporation engaged in the garbage collection business.  One of its employees maliciously hurled an empty garbage can at plaintiff's pet pedigreed dog, who was tethered at the time, killing it.  The issue before the court was the reconsideration not of  the issue of liability, but for determination only of compensatory and punitive damages.  The court stated that it was obvious from the facts that the act performed by the representative of the respondent was malicious and demonstrated an extreme indifference to the rights of the petitioner. Having this view, there was no prohibition of punitive damages relative to awarding compensation for mental pain, as would be the case if there had been physical injury resulting only from simple negligence.  The court went on to say that the restriction of the loss of a pet to its intrinsic value in circumstances such as the ones before us is a principle we cannot accept and that the malicious destruction of the pet provides an element of damage for which the owner should recover, irrespective of the value of the animal because of its special training.

Winingham v. Anheuser-Busch, Inc.

Summary:

Ostrich owners sued to recover actual and exemplary damages, attorney fees, costs and interests for gross negligence after an airship flew over their property at  low altitude, which frightened interfered with the ostriches’ breeding. The District Court held that: (1) allegations of fright and temporary loss of libido failed to allege compensable injury absent proof of physical injury; and (2) owners were not entitled to recover speculative value of unborn offspring; and (3) absent actual damages, exemplary damages could not be awarded.

Ostrich owners sued to recover actual and exemplary damages, attorney fees, costs and interests for gross negligence after an airship flew over their property at  low altitude, which frightened interfered with the ostriches’ breeding. The District Court held that: (1) allegations of fright and temporary loss of libido failed to allege compensable injury absent proof of physical injury; and (2) owners were not entitled to recover speculative value of unborn offspring; and (3) absent actual damages, exemplary damages could not be awarded.

Gluckman v. American Airlines, Inc.

Summary:

Plaintiff sued American Airlines for emotional distress damages, inter alia , after his dog suffered a fatal heatstroke while being transported in the cargo hold of defendant's airliner (the temperature reached 140 degrees Fahrenheit in violation of the airline's cargo hold guidelines).  Plaintiff relied on the state case of Brousseau v. Rosenthal  and Corso v. Crawford Dog and Cat Hosp., Inc  in support of his negligent infliction of emotional distress claim.  The court observed that none of the decisions cited by plaintiff, including Corso, recognize an independent cause of action for loss of companionship, but rather, they provide a means for assessing the "intrinsic" value of the lost pet when the market value cannot be determined.  As a result, the court rejected plaintiff's claim for loss of companionship as well as pain and suffering without any prior authority that established the validity of such claims. 

Plaintiff sued American Airlines for emotional distress damages, inter alia , after his dog suffered a fatal heatstroke while being transported in the cargo hold of defendant's airliner (the temperature reached 140 degrees Fahrenheit in violation of the airline's cargo hold guidelines).  Plaintiff relied on the state case of Brousseau v. Rosenthal  and Corso v. Crawford Dog and Cat Hosp., Inc  in support of his negligent infliction of emotional distress claim.  The court observed that none of the decisions cited by plaintiff, including Corso, recognize an independent cause of action for loss of companionship, but rather, they provide a means for assessing the "intrinsic" value of the lost pet when the market value cannot be determined.  As a result, the court rejected plaintiff's claim for loss of companionship as well as pain and suffering without any prior authority that established the validity of such claims.