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Kimes v. Grosser |
After neighbors shot a cat, the owners sued to recover costs of its medical care and punitive damages. The owner of an injured pet may recover the lesser of the diminution of the market value of the animal, or the reasonable cost of repair. The Court of Appeal held that the owner could recover damages for costs incurred in treating the cat even if the costs exceeded the market value of the cat. The owner could also recover punitive damages upon a showing that the shooting was willful.
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Kinara v. Jamaica Bay Riding Academy, Inc. |
Plaintiff was kicked by a horse ridden by her friend while trail riding. Plaintiff sued the Defendant who owned the horse and trail Plaintiff was riding on. The trial court granted summary judgment in favor of the Defendant and the Court of Appeals affirmed the decision holding Plaintiff assumed the risk.
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Kindel v. Tennis |
Plaintiff was an employee of a dairy farm owned by defendants. In 2007, he was injured by a bull owned and controlled by defendants while working on the defendants' farm . The Appellate Court disagreed with the lower court, finding that the employee's allegations were sufficient to support a claim against the farm owners under the Animal Control Act. The court found it was a question of fact whether it was plaintiff's job to care for the bull, and whether that animal was in the care and/or custody of plaintiff at the time of the injury.
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King v. CJM Country Stables |
Horseback rider was bitten during a trail ride and brought suit in personal injury. After removal to Federal Court, the Court held that Hawaii's recreational activity liability statute was applicable and that summary judgment was not appropriate. Motion for summary judgment denied.
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King v. Karpe |
Plaintiff sued for damages after a cow was sent to slaughter after a veterinarian had determined that she was incapable of breeding. The court recognized “peculiar value” of the cow where there was evidence that she was slaughtered before she had completed a course of treatment meant to restore her to brood status, that she could have produced for another five or six years, that the three bull calves she had produced were outstanding, that defendant took a half interest in them as the breeding fee and exhibited them at shows, that the cow's blood line produced calves particularly valuable for inbreeding, that plaintiff needed this type of stock to build up her herd, and that defendant had knowledge of these facts. The value of the bull to which the cow had been bred was also material to the cow’s actual value.
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Kintner v. Claverack Rural Elec. Co-op., Inc. |
A dairy farmer sued electric utility for trespass and damages after 14 cows were electrocuted by downed power lines. The Superior Court held that the dairy farmer was not entitled to loss-of-use damages because he chose to replace the electrocuted cows by raising others from his herd rather than by immediately buying mature milk-producing cows.
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Kitchin ex rel. Kitchin v. Halifax County |
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.
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Kleppe v. New Mexico |
The state of New Mexico challenged the constitutionality of the Wild Free-Roaming Horses and Burros Act after they were ordered by the U.S. government to recover several wild horses they had rounded up from public lands within their state and sold at auction in violation of the WFRHBA. The Supreme Court upheld the Act, finding it to be a valid exercise of federal power under the Article IV Property Clause of, which gave Congress the power to protect wildlife on state lands, state law notwithstanding.
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Klitzka ex rel. Teutonico v. Hellios |
In this Illinois case, the Appellate Court considered, as a matter of first impression, under what circumstances does a landlord owe a duty of care to his tenant's invitees to prevent injury from an attack by an animal kept by the tenant on the leased premises? A minor invitee (Alexus) of the tenants was bitten by tenants' dog and brought a negligence action against residential landlords. It was undisputed that the tenants held exclusive control over the premises and paid $700 a month in rent to the landlords. The Appellate Court held that even if landlords knew tenants' dog was dangerous, the landlords had no duty to protect the tenants' invitee because landlords retained no control over the leased premises where injury occurred. "Here, the tenants' affirmative conduct of bringing the dog into the living space of the home, an area over which the landlords had no control, is what might have been the proximate cause of Alexus' injuries."
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Klobnak v. Wildwood Hills, Inc. |
Plaintiffs brought suit against a ranch after their car struck two of the ranch's horses on the highway. The trial court dismissed holding no duty of care was breached by the ranch because Iowa no longer had a statute prohibiting animals from roaming. The Supreme Court of Iowa reversed reasoning that a duty of ordinary care still exists.
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