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Brinkley v. County of Flagler |
Appellee county sought to enjoin appellant from mistreating animals by filing a petition against her under Fla. Stat. ch. 828.073 (1997). The animals on appellant's property were removed pursuant to Fla. Stat. ch. 828.073, a statute giving law enforcement officers and duly appointed humane society agents the right to provide care to animals in distress. The entry onto appellant's property was justified under the emergency exception to the warrant requirement for searches. The hearing after seizure of appellants' animals was sufficient to satisfy appellant's due process rights.
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Brinton v. Codoni |
This unpublished Washington case stems from an attack on plaintiff's dog by a neighbor's dog. Plaintiff sued for damages, alleging negligence and nuisance. The trial court ruled on partial summary judgment that the plaintiff's damages were limited, as a matter of law, to the dog's fair market value. The plaintiff argued that she was entitled to damages based on the dog's intrinsic value (i.e., utility and service and not sentimental attachment) and her emotional distress. On appeal, this court held that since the plaintiff failed to carry her burden of showing that her dog had no fair market value, the trial court properly limited damages to that value. Further, because the plaintiff's nuisance claims were grounded in negligence, she was not entitled to damages beyond those awarded for her negligence claim.
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Brisson v. These Guys New York Deli Corp. |
The Superior Court of Connecticut considers defendants' motion to strike plaintiffs' claims for emotional distress arising from the death of their pet dog. Plaintiffs argue that previous Connecticut case law (Myers v. Hartford, 84 Conn. App. 395) left open the question of whether courts could consider a claim for emotional distress damages due to the loss of a pet. The incident giving rise to the litigation occurred in 2021, where a driver for the defendants' company ran over plaintiffs' pet dog while making a delivery. The complaint states that one of the plaintiffs directly witnessed the driver speed down the driveway and kill the dog by dragging. The court began its analysis by first observing a dog is chattel and is unambiguously defined as personal property in the state. Myers left often the issue of recovery of damages when a "bystander" owner witnesses a "fatal injury." The court then examined the factors articulated by the Connecticut Supreme Court for recovery of emotional damages by a bystander. In doing so, the court here determined that the relationship between a pet and its owner does not meet the "closely related" element articulated by the Supreme Court. The court stated: "Absent appellate clarification that this factor includes other relationships, including the one at issue here between a pet owner and pet, this court cannot conclude that such a relationship is sufficiently like the close human relationships required under Clohessy." The court noted that it agreed with defendants that allowing plaintiffs' claim would amount to creating a new cause of action without legislative or appellate authority. Defendants' motion to strike was granted. |
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Britton v. Bruin |
In this case, plaintiff appealed a decision by the district court denying her petition for a writ of mandamus. Plaintiff petitioned the court for a writ of mandamus to stop the City of Albuquerque's effort to control a large population of feral cats in its metropolitan area by “trapping, neutering them, and then returning them” to the location at which they were found. The district court denied the petition for a writ of mandamus because the court held that there was “a plain, speedy and adequate remedy in the ordinary course of the law.” Also, the court held that because the city’s program did not result in any unconstitutional action, the writ of mandamus was not appropriate. The court affirmed the district court’s ruling, looking only at whether or not there was “a plain, speedy and adequate remedy in the ordinary course of the law.” The court did not address the issue of whether or not the city’s population control effort was appropriate and should continue. The district court's order denying Petitioner's application for a writ of mandamus is affirmed.
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Broadway, &c., Stage Company v. The American Society for the Prevention of Cruelty to Animals |
Part I is the initial civil case which was brought by the commercial powers of New York to stop Bergh from enforcing the criminal anti-cruelty law. The judge suggests the scope of the law and what Bergh must do to utilize the law. Part II is a second case brought several months latter when the corporate legal guns again try to get Bergh. This time for violating the judges prior opinion. Part III is the claim of one of the stage operators who Bergh personally asserted for overworking a horse. The claim against Bergh is for false arrest. The Judge holds against the stage driver, freeing Bergh. Discussed in Favre, History of Cruelty
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Brockett v. Abbe |
Defendant-farmer filed a counterclaim for damages for the erroneous determination by the veterinarian that certain cow was not pregnant (plaintiff veterinarian used a "punch test" - where a fist is struck against the abdomen of a cow to determine pregnancy rather than the industry-standard rectal examination). As a result, defendant-farmer sold the cow for $170 versus the $550 he could have received for a pregnant cow. The Court found that it was erroneous for the circuit court to apply the doctrine of res ipsa loquitor, as diagnoses and scientific treatment are improper subjects for the doctrine. The mere proof that the diagnosis later on turned out to be erroneous is insufficient to support a judgment, the court stated.
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Broden v. Marin Humane Society |
Owner of animals that had been impounded from reptile store brought administrative mandamus proceeding, challenging conclusions by hearing officer at hearing that followed animal control service's seizure of animals from store. On appeal, the court held that the warrantless entry of animal control officer into store was justified by exigent circumstances and that the owner lost all possessory interest in seized animals by failing to pay costs of seizure and impoundment within 14 days of seizure. |
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Bronk v. Ineichen |
Plaintiffs appealed decision of district court denying their claim that defendants violated the Federal Fair Housing Act for failing to allow a hearing dog in their rental unit as a reasonable accommodation for their hearing disability. The landlord denied the request, alleging that the dog was not a "hearing dog," and that the tenants did not have a legitimate need for the dog because the dog lacked professional training. The Court of Appeals held that if the dog was not necessary as a hearing dog then the plaintiffs were not entitled to the dog as a reasonable accommodation under the FHA. Also, the court held that a disabled person must meet two standards in arguing that an accommodation be made: (1) the accommodation must facilitate the disabled person's ability to function; and (2) the accommodation must survive a cost-benefit balancing that takes both parties' needs into account. The court vacated the decision of the lower court and ordered a new trial because of misleading jury instructions.
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Brookover v. Roberts Enterprises, Inc. |
Plaintiffs-appellants Brookovers appeal the trial court's decision granting summary judgment to defendant-appellee Roberts Enterprises, Inc.. The Brookovers claimed that Roberts was negligent in allowing its cow to enter the highway where it collided with the Brookovers' automobile. They contend that they presented evidence that defendants were aware of the risk of significant numbers of collisions between cattle and automobiles when cows were allowed to graze in the vicinity of a paved highway. Here, however, the court stated that the record indicates that the accident involving the Brookovers was the first reported cattle-automobile accident to occur on the Salome Highway through the Clem Allotment since Roberts began to lease the premises. Further, the court affirmed the trial court's ruling on the inapplicability of res ipsa loquitur based on the Brookovers' inability to establish that the accident is of a type that would not have occurred in the absence of negligence.
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Brooks ex rel. Brooks v. Parshall |
In this New York case, a then seven-year-old boy was attending a gathering at the home of the owners of a German Shepard dog. According to the plaintiff, the dog growled at him when he arrived and allegedly growled at another man at the party sometime later.
Defendant denied hearing the growl and t
estimony showed that the boy continued to play with the dog throughout the party and into the next morning.
When the boy was leaving in the morning, he attempted to “hug” the dog from behind when the dog turned and bit the boy in the face.
In upholding defendant's motion for summary judgment, the court found that even if the dog had initially growled at the boy, that was not enough to establish that the dog had vicious propensities or that the owners had knowledge of the dog's vicious propensities.
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