Pet Damages

Lockett v. Hill

Summary:

Defendant's pit bulls killed plaintiff's cat while she watched. This is an appellate brief about non-economic damages.

Defendant's pit bulls killed plaintiff's cat while she watched. This is an appellate brief about non-economic damages.

Julie Marie Grizzel v. James William Hickey d/b/a S & S Farms; Ron Lee Omara and S & S Farms, Inc. aka S.S. Farms Linn County, I

Summary:

The plaintiff in this Oregon case brought an action alleging negligence and intentional infliction of emotional distress against the defendant, who was a licensed animal dealer. Plaintiff owned “My Girl,” a purebred cocker spaniel, whom plaintiff cared for and enclosed in a secure, fenced backyard. While My Girl was secure in her backyard, two other individuals seized her and transported her to defendant Hickey (who was known to be engaged in the business of selling animals to research laboratories).

The plaintiff in this Oregon case brought an action alleging negligence and intentional infliction of emotional distress against the defendant, who was a licensed animal dealer. Plaintiff owned “My Girl,” a purebred cocker spaniel, whom plaintiff cared for and enclosed in a secure, fenced backyard. While My Girl was secure in her backyard, two other individuals seized her and transported her to defendant Hickey (who was known to be engaged in the business of selling animals to research laboratories).

Iris Lewis v. Al DiDonna, Pharmacist; James DiDonna, Pharmacist; Eckerd Drug Store of Stone Ridge, New York; Eckerd Corporation

Summary:

In this case, the plaintiff brought her dog of nine years to a veterinarian and was given a prescription for an anti-inflammatory drug called Feldene to treat the dog’s condition. After the dog died of renal failure complications, plaintiff discovered that the Feldene prescription was mislabeled by the pharmacist. The Supreme Court, Appellate Division for the Third Judicial Department held that the allegations in plaintiff’s verified complaint sufficiently allege defendant’s wanton and reckless disregard of plaintiff’s rights to survive a motion to dismiss. Further, the court noted that while plaintiff did not appeal the dismissal of her cause of action for loss of companionship, the court made it clear that loss of companionship is not cognizable cause of action in the state of New York.

In this case, the plaintiff brought her dog of nine years to a veterinarian and was given a prescription for an anti-inflammatory drug called Feldene to treat the dog’s condition. After the dog died of renal failure complications, plaintiff discovered that the Feldene prescription was mislabeled by the pharmacist. The Supreme Court, Appellate Division for the Third Judicial Department held that the allegations in plaintiff’s verified complaint sufficiently allege defendant’s wanton and reckless disregard of plaintiff’s rights to survive a motion to dismiss. Further, the court noted that while plaintiff did not appeal the dismissal of her cause of action for loss of companionship, the court made it clear that loss of companionship is not cognizable cause of action in the state of New York.

Hair v. Quail Corners Animal Hospital

Summary:

Standard veterinary malpractice case for a show dog. Includes Interrogatories. Veterinarian negligently treated show dog after she was shot by a hunter. In addition, another vet then left a needle inside the dog. Vets failed to take the needle out, causing the dog's death.

Standard veterinary malpractice case for a show dog. Includes Interrogatories. Veterinarian negligently treated show dog after she was shot by a hunter. In addition, another vet then left a needle inside the dog. Vets failed to take the needle out, causing the dog's death.

Clark v. Cardinal Animal Care

Summary: This is a complaint for veterinary malpractice. The cat had been checked in for a routine flea treatment. The cat ended up with a severe problem, which the veterinarian lied to the owner about. The veterinarian performed an unauthorized surgery on the cat. The cat died.

This is a complaint for veterinary malpractice. The cat had been checked in for a routine flea treatment. The cat ended up with a severe problem, which the veterinarian lied to the owner about. The veterinarian performed an unauthorized surgery on the cat. The cat died.

Medeiros v. Lloyd

Summary: The Board of Registration in Veterinary Medicine had sanctioned Dr. Lloyd for improper treatment of a dog, "Pooch," for heartworms. This is a suit for damages against Dr. Lloyd. The briefs are drafted by none other than one of the best-known names in Animal Law, Steven M. Wise.

The Board of Registration in Veterinary Medicine had sanctioned Dr. Lloyd for improper treatment of a dog, "Pooch," for heartworms. This is a suit for damages against Dr. Lloyd. The briefs are drafted by none other than one of the best-known names in Animal Law, Steven M. Wise.

Burgess v. Taylor

Summary:

Taylor v. Burgess is a landmark case in Kentucky allowing non-economic damages for an animal. Judy Taylor's two horses were stolen and sold for slaughter. Taylor then successfully sued for non-economic damages.

Taylor v. Burgess is a landmark case in Kentucky allowing non-economic damages for an animal. Judy Taylor's two horses were stolen and sold for slaughter. Taylor then successfully sued for non-economic damages.

Stephanski v. Wimpy

Summary: Complaint against a vet. for malpractice. Plaintiff's dog died after it was neutered. Plaintiff sought non-economic damages.

Complaint against a vet. for malpractice. Plaintiff's dog died after it was neutered. Plaintiff sought non-economic damages.

Tracy Skaggs and James David Hardin and Mark Skaggs v. Wal-Mart Stores East, Inc. and 21st Century Pets

Summary:

This case involves a suit by a dog owner against Wal-Mart and 21st Century Pets after an indoor pet boundary fence and transmitter caused fatal injuries to plaintiff’s dog. The Plaintiff alleged that the product was so defective as to create causes of action based on strict liability, negligence, breach of implied and express warranties, fraud, and negligent misrepresentation. The Jefferson County Court held that the “fair market value standard falls far short of fair compensation for the loss of a companion animal.” The court agreed that the household goods exception, well-recognized under Kentucky law, was an example of the extension of damages for property beyond fair market value.

This case involves a suit by a dog owner against Wal-Mart and 21st Century Pets after an indoor pet boundary fence and transmitter caused fatal injuries to plaintiff’s dog. The Plaintiff alleged that the product was so defective as to create causes of action based on strict liability, negligence, breach of implied and express warranties, fraud, and negligent misrepresentation. The Jefferson County Court held that the “fair market value standard falls far short of fair compensation for the loss of a companion animal.” The court agreed that the household goods exception, well-recognized under Kentucky law, was an example of the extension of damages for property beyond fair market value.

Lee v. Cook

Summary:

Amicus Curae brief on why suit for wrongful death of a dog can include emotional damages.

Amicus Curae brief on why suit for wrongful death of a dog can include emotional damages.