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Gonzales v. Kissner |
This Louisiana case concerns an action for personal injuries sustained by an animal control officer who was mauled about the head and neck by defendants' dog while investigating a complaint of an attack by the dog from the previous day. The dog's owners argued on appeal that the trial court failed to apply the Professional Rescuer's Doctrine, sometimes referred to as the “fireman's rule." Because under the facts here, where the dog had previously escaped after being confined in the house and the defendants failed to properly lock the house and/or restrain the dog, the court did not find that Ms. Gonzales' recovery for injuries was barred by the Professional Rescuer's Doctrine. The court held that based upon the record before this court, there was no error on the part of the trial court that warranted reversal of the plaintiff's motion for a partial summary judgment as to the liability of the dog's owners.
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Gonzalez v. Royalton Equine Veterinary Services, P.C. |
Veterinarian contacted State Police after allegedly observing deplorable conditions in Plaintiff's barn. The premises were subsequently searched, and a horse and three dogs were removed and later adopted. Plaintiff commenced an action in City Court for, inter alia, replevin, and several defendants asserted counterclaims based on Lien Law § 183. The Lockport City Court entered partial summary judgment in favor of owner and ordered return of animals. On appeal, the Niagara County Court, reversed and remanded. Owner appealed to the Supreme Court, Appellate Division, Fourth Department, New York. The Court found the Niagara County Society for the Prevention of Cruelty to Animals, Inc. (SPCA) was not required to bring a forfeiture action to divest Plaintiff of ownership of the seized animals because the animals were kept in unhealthful or unsanitary surroundings, the plaintiff was not properly caring for them, and the plaintiff failed to redeem the animals within five days before the SPCA was authorized to make the animals available for adoption. The city court’s order was affirmed as modified. |
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Gonzalez v. South Texas Veterinary Associates, Inc. |
Plaintiff acquired an indoor/outdoor cat with an unknown medical and vaccination history. Plaintiff took cat to defendant for treatment and the cat received a vaccination. The cat soon developed a golf-ball-sized mass that contained a quarter-sized ulceration which was draining “matter” on the cat's right rear leg. When plaintiff returned the cat to the defendant, defendant diagnosed the cat with an infection, prescribed an antibiotic for treatment, and instructed Gonzalez to return if the cat's symptoms did not improve. When the cat's symptoms did not improve, plaintiff took the cat to another veterinarian who diagnosed the cat with vaccine-associated sarcoma. The cat had to be eventually euthanized. Acting pro se, the plaintiff filed suit, alleging that defendant failed to: (1) inform her of vaccine-associated sarcoma risk; (2) adhere to feline vaccination protocols; and (3) properly diagnose vaccine-associated sarcoma in the cat, which resulted in the loss of her life. On appeal, plaintiff asserted that the trial court erred by granting defendant's no-evidence and traditional motions for summary judgment. After examining the evidence in the light most favorable to plaintiff and disregarding all contrary evidence and inferences, the court concluded that the plaintiff brought forth more than a scintilla of probative evidence establishing the relevant standard of care to prove her malpractice claims. The trial court, therefore, erred by granting the no-evidence summary judgment. On the traditional summary judgment claim, the court held that that the defendant's evidence did not conclusively prove that a veterinarian complied with the applicable standard of care in light of another veterinarian's report to the contrary. The trial court, therefore, erred by granting defendant's traditional motion for summary judgment. The case was reversed and remanded. |
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Goodby v. Vetpharm, Inc. |
This Vermont case answered whether noneconomic damages are available when a companion animal dies due to negligent acts of veterinarians and a pharmaceutical company, and also whether a claim for negligent infliction of emotional distress (NIED) is allowed for the death of a pet. The Vermont Supreme Court answered both questions in the negative. Plaintiffs' cats died after taking hypertension pills produced by defendant pharmaceutical company Vetpharm, which contained a toxic level of the medication (20 times the labeled dose). After the cats were brought into defendant-veterinarians' office, plaintiff contends that defendant veterinarians negligently or wantonly failed to diagnose the toxicity in the cats, and improperly treated the cats as a result. While the plaintiffs and amici urged the court to adopt a special exception to recover noneconomic damages for the loss of their personal property (to wit, the cats), the court found that to be a role more suited to the state legislature. With regard to the NIED claim, the court held that plaintiffs were never in the "zone of danger" necessary to establish a claim.
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Goodell v. Humboldt County |
The issue of county versus local control over livestock regulations came to a head when the Iowa Supreme Court invalidated a series of ordinances that had been enacted by the Humboldt County Board of Supervisors to add additional regulations to the livestock industry and to address problems created by confined animal feeding operations in the county. The court ruled that the ordinances were inconsistent with state law and invalid under the doctrine of implied preemption.
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Goodwin v. Crawford Cty., Georgia |
This instant action is a motion to dismiss by Defendant Sims in a § 1983 action and state law claims by plaintiff Goodwin against several Crawford County, Georgia officials. The case started with the shooting of plaintiff's dog, allegedly by Defendant Crawford County Officer Neesmith. After the dog was shot in his driveway, plaintiff alleges that Neesmith consulted another officer named Hollis who arrived on scene. Neesmith then called Defendant Sims, who was an employee of the Crawford County Health Department. Sims explained to Neesmith by phone that Plaintiff Goodwin could be liable for the cost of a rabies shot if the dog's head was not removed and that the cost of the shot was approximately $20,000. After this call, Hollis order plaintiff to cut off his own dog's head to be tested for rabies or face criminal charges and the cost of the rabies shot. In the presence of plaintiff's wife and children, the plaintiff relented and cut off the dog's head with a knife, but was too emotionally distraught to take the dog's head to the Crawford County Health Department (Plaintiff Dakon did so). As to only Defendant Sims' motion to dismiss, this court found that her economic coercion was not arbitrary and thus did not violate plaintiff's substantive due process rights. Further, the court found that Sims did not actually coerce or force plaintiff to do the decapitation. Regarding plaintiff's intentional infliction of emotional distress against Sims, the court found that Sims' alleged use of "financial pressure" did not amount to extreme and outrageous conduct. Instead, the court said "she did her job," which was to communicate the rabies control procedures and did not actually require plaintiff to personally decapitate his dog. Accordingly, the Court granted Sims' Motion to Dismiss. |
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GOODWIN v. E. B. NELSON GROCERY CO. |
Plaintiff brought her dog into a store. The dog fought with the store owner's cat. After the fight was over, and the animals were calm, plaintiff reached down and grabbed the cat's front paw. The cat scratched and bit plaintiff, who brought a negligence action against the store owner. The court held that plaintiff could not recover because plaintiff did not exercise due care when she interfered with a strange animal, and there was no evidence that the cat was vicious.
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Gordon v. Norton |
Appellants Stephen Gordon and the Diamond G Ranch, Inc. challenged the Fish and Wildlife Service's control of gray wolves introduced under the Northern Rocky Mountain Wolf Recovery Plan near the Diamond G in the Dunoir Valley of northwestern Wyoming. Seeking declaratory and injunctive relief, they filed this action in federal district court alleging violations of the Fifth Amendment Takings Clause and the regulations promulgated under the Endangered Species Act. The district court dismissed the takings claims for lack of subject matter jurisdiction and the ESA claims as not yet ripe for review. This court affirmed the lower court.
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Gorman v. Pierce County |
After leaving a sliding glass door open for her service dog and her neighbor's dog, the plaintiff in this case was mauled by two pit bulls. Plaintiff sued the dogs' owners under a strict liability statute and the county for negligently responding to prior complaints about the dogs. At trial, a jury not only found all defendants guilty, but also found the plaintiff contributorily negligent. Upon appeal, the court affirmed the judgment the lower court entered based on the jury verdict. Chief Judge Worswick concurred in part and dissented in part.
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Graham v. Notti |
The court held that the adoption of a dog from an animal shelter was invalid unless the dog was found in "the city" pursuant to the shelter's contract with the local government.
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