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Titlesort descending Summary
Hayes v. Adams


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.
Hayes v. Akam Associates, Inc. In this case, plaintiffs sought recovery for property damage and for emotional distress and loss of companionship of their dog Toto, who died as a result of a fire in the building where plaintiffs resided. Plaintiffs were not home at the time of the fire. Upon their return, they learned their dog had died as a result of smoke inhalation. Plaintiffs found Toto’s body lying on the road, covered with a sheet. Plaintiffs alleged that their dog, who they considered a member of their family, had died as a consequence of the defendants’ negligence in inspecting, maintaining, supervising, operating, and controlling the building. In its opinion, the court stated that there was a well-settled common law precedent that pets are personal property and for that reason, damages for emotional injury were not allowed when a companion animal dies. The court declined to follow the cases that considered loss of companionship in determining the value of a pet and dismissed the causes of action seeking damages for the emotional injuries the plaintiffs alleged were caused by the loss of their dog. Defendants' motion for summary judgment dismissing the complaint was granted.
Hayes v. State Defendant appeals an order with the Henderson County Sheriff's Office to destroy his dogs under Chapter 822 of the Texas Health and Safety Code. More specifically, defendant claims reversible error after he was denied a jury trial. Defendant's three dogs were seized after they attacked an individual riding a bicycle in front of defendant's residence. After a hearing, the dogs were found to be dangerous pursuant to Section 822.041 related to dogs causing serious bodily injury to a person. The judge then ordered the dogs to be humanely destroyed. Hayes appealed the order and requested a jury trial, which was objected to by the Henderson County Attorney's Office and sustained by the court. The dogs were found to be dangerous at a bench trial and ordered humanely euthanized, while defendant was ordered to pay $2,780 to the county. On appeal, defendant argues the county court erred in removing his case from the jury trial docket. The court now considers two questions: "(1) whether the owner of a dog ordered to be humanely destroyed by a justice, county, or municipal court judge, pursuant to Chapter 822, subchapter A, of the Texas Health and Safety Code, has the right to appeal such order; and (2) if an appeal is allowed, whether a jury can be requested to hear the de novo appeal." The court here declined to adopt the state's interpretation that the statute's silence as to a right of appeal indicates that the legislature eliminated that right. In fact, the court observed Subchapter A of Chapter 822 dealing with less serious "dangerous dogs," allows a party to appeal a dangerous dog finding. The court found it would be inconsistent that the more severe Subchapter D denies an appeal of right where the less severe subchapter grants it, especially where a forfeiture of property occurs (i.e., dogs). As to the right to jury trial, the court found Chapter 822 silent on that issue. However, the court found the order for seizure and destruction of defendant's "special personal property" guaranteed him a trial by jury under Article I of the Texas Constitution. The trial court's Final Order was reversed and the case was remanded to county court.
Hearn v. City of Overland Park



Syllabus by the Court




In an action to enjoin the City of Overland Park from enforcing an ordinance regulating the ownership of pit bull dogs within the city, the record is examined and it is held: (1) The ordinance is not unconstitutionally vague or overbroad; (2) the ordinance does not violate the due process rights of plaintiffs under the United States and Kansas Constitutions; (3) the ordinance does not violate the equal protection clauses of the United States and Kansas Constitutions; and (4) the district court did not err in dismissing the plaintiffs' claim for damages pursuant to 42 U.S.C. § 1983 (1982).
Hebert v. Broussard


A dog that chased and pinned a man was shot by a police officer who had been called for assistance.  The dog owner instituted an action against the police officer, the police chief and the city.  The trial court granted summary judgment in favor of the police officer, police chief and city, and the Court of Appeals affirmed the decision holding the police officer was entitled to statutory immunity.
Heiligmann v. Rose


Appellees sued appellant for damages after he poisoned three of their dogs. The Court held that an owner has an action and remedy against a trespasser for damages resulting from injuries inflicted upon dogs because they are property. The Court elaborated on the true rule in determining the value of dogs, explaining that  It may be either a market value or some special or pecuniary value to the owner. The Court allowed actual damages.
Hemingway Home and Museum v. U.S. Dept. of Agriculture


The plaintiff lived in Hemmingway's old property, a museum, with 53 polydactyl cats (cats having more than the usual number of toes). The United States Department of Agriculture investigated and said that the plaintiff needed to get an exhibitor's license to show the cats, but that was not possible unless the cats were enclosed. Plaintiff sued the government in order to avoid the $200 per cat per day fines assessed, but the court held that the government has sovereign immunity from being sued.
Hendricks v. Barlow


Landowners were held in violation of a zoning regulation, established under a Hendricks County ordinance, which forbade having wild animals residing on residential property.

 

The trial court held that the county could not pass such a law, since it would be preempted by state and federal law.

 

However, on appeal, this Court found that federal  (the AWA) and state law did not preempt the County from passing such ordinances.

 

The trial court erroneously attempted to interpret the law when it was not ambiguous, and, thus, preemption

 

by state and federal law should not have been found.

 

Thus, the zoning regulation was permitted.
Hendrickson v. Grider

A car accident occurred and Plaintiffs, Jo Ellen Hendrickson and her husband were injured when her vehicle hit two horses that were on the roadway. Defendant Randall D. Grider owned the horses and Defendant Gartner owned the lot where Grider kept the horses. Defendant Cope is Gartner's son-in-law and acted as an intermediary between Gartner and Grider. The Hendrickson’s filed a complaint against Grider, Cope, and Gartner and alleged that they were owners and/or keepers of horses under statute R.C. Chapter 951 and that they negligently allowed the horses to escape. Hendrickson sought damages for her injuries and a loss of consortium claim on her husbands’ behalf. The Common Pleas Court, granted summary judgment for the Defendants. The Hendrickson’s appealed. The Court of Appeals of Ohio, Fourth District affirmed the Common Pleas Court. The Court of Appeals reasoned that: (1) neither defendant was “keeper” of horses within the meaning of the statute which governed liability for horses running at large on public roads; (2) even if the lot owner breached their duty by allowing the owner of the horses to keep the horses on her property before fencing was installed, such breach was not the proximate cause of plaintiffs' injuries; and (3) the lot owner could not have reasonably foreseen that the horses would escape from a fenced-in lot and injure the motorist and, thus, she could not be held liable in negligence for the motorist's resulting injuries.
Hendrickson v. Tender Care Animal Hospital Corporation Dog owner brought claims of professional negligence, negligent misrepresentation, lack of informed consent, reckless breach of a bailment contract, and emotional distress after her golder retriever, Bear, died following a routine neutering procedure. After the surgery, Bear was bloated and vomiting, and the owner alleged that the animal hospital failed to properly inform her of his condition. As a result, the owner treated Bear with a homeopathic remedy instead of the prescription medication given to her by the hospital and Bear's condition worsened and eventually caused his death.

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