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Porter v. DiBlasio |
Nine horses were seized by a humane society due to neglect of a care taker without giving the owner, who lived in another state, notice or an opportunity for a hearing. The owner filed a section 1983 suit against the humane society, the county, a humane officer and the district attorney that alleged violations of substantive and procedural due process, conspiracy, and conversion. The district court dismissed the claims for failure to state a viable claim. On appeal, the court found that the owner had two viable due process claims, but upheld the dismissal for the others.
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Portillo v. Aiassa |
In this California case, the plaintiff delivered beer to Race Street Liquors.
As he was leaving the store, he was attacked by a German shepherd
owned by the tenant.
The jury found appellant-landlord did not have actual knowledge of the dog's dangerous propensities prior to renewing the
commercial
lease.
However, the jury found that he would have learned of the dog's dangerous propensities if he had exercised reasonable care in the inspection of his property and that he was negligent in failing to eliminate this dangerous condition.
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Posnien v. Rogers |
The plaintiff sought to recover damages for the defendant's negligence in the diagnosis and the treatment of plaintiff's brood mare, which resulted in the mare's infertility. Plaintiff was required to show that Dr. Rogers did not exercise the care and diligence as is ordinarily exercised by skilled veterinarians doing the same type of work in the community, and that the failure to exercise the required skill and care was the cause of the injury. Experts testified at trial that the care exercised by Dr. Rogers met the standard of care of veterinarians practicing in the area, and had they been treating the mare, the treatment would not have differed substantially from that of Dr. Rogers. The Supreme Court held that the record is clear that the plaintiff failed to sustain his burden that the care of Dr. Rogers did not meet the standard of care of other practitioners practicing in the community.
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Powell v. Adlerhorst Int'l, Inc. |
The plaintiff in this case brought suit after suffering a dog bite from a service dog that was purchased from defendant. The defendant was a corporation that purchased dogs from Europe and then sold them to police agencies to be used as service dogs. Plaintiff (a police officer with the Sherwood Police Department) filed suit asserting both a strict product liability and negligence claim for injuries sustained from dog bites. At issue here is whether the dog was defective and unreasonably dangerous at the time the defendant sold it to the City of Sherwood. Defendant moved for summary judgment and the court denied the motion. The court ultimately held that a reasonable jury could find that defendant should have known about the dog’s aggressive behavior before selling it to plaintiff, thus making it liable for damages. |
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Powell v. Johnson |
Blu, a pit bull was shot in the head and killed after Officer Johnson entered the pit bull’s yard. The Plaintiffs, who were owners of Blu, filed a complaint asserting a: violation of the Fourth and Fourteenth Amendments by shooting and killing Blu (Count I); violation of Plaintiffs' constitutional rights due to the City's failure to adequately hire, train, and supervise Johnson (Count II); intentional infliction of emotional distress (Count III); negligent hiring, supervision, and retention of Johnson (Count IV); vicarious liability (Count V); and trespass and conversion (Count VI). The Defendants, Officer Johnson and the City of Minneapolis, filed a Motion for Summary Judgment. The court held that the Motion would be granted in part. The court reasoned that Blu was property, rather than a person, for Fourth Amendment purposes and the officer's shooting and killing of Blu constituted a “seizure.” However, the court concluded that Officer Johnson was entitled to qualified immunity on Plaintiffs' Fourth Amendment claim. The court reasoned that it was not unreasonable for the Officer to perceive a threat to his safety when the large pit bull jogged up behind him. The court also held that The Motion for summary judgment was granted as to the remaining claims because the evidence in the record, failed to establish a constitutional violation by Defendants. |
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Powell v. Johnson |
While searching for a person involved in a shooting, a police officer happened upon the plaintiff’s home and noticed the garage door and opening to the backyard were open. Upon finding nothing suspicious, he began to leave the area. The plaintiff’s dog caught sight of the officer and began walking toward him, eventually running towards him, the officer claimed. The officer then pulled out his service revolver and fired one shot, killing the dog instantly. The plaintiff claimed, inter alia, violations of his Fourth and Fourteenth Amendment rights, intentional infliction of emotional distress, and negligent hiring and supervision on the part of the officer and municipality. The court held that the plaintiff did not meet his burden in defeating the officer’s qualified immunity, as the officer’s account of the incident constituted a reasonable seizure. |
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Pratt v. Pratt |
A childless, divorcing couple sought divorce; trial court awarded couple's registered dogs to wife based on the best interest standard used for determination of custody of children. Appellate court held the best interest statute inapplicable to dogs, but stated that the trial court can award dogs based on evidence of mistreatment of the dogs by one of the parties. Because the trial court's determination had a reasonable basis in fact, the appellate court affirmed its decision.
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Pray v. Whiteskunk |
In this South Dakota case, the plaintiff suffered a broken knee after Defendant's Rottweiler brook loose from its owner and ran toward the street, causing plaintiff to fall. Plaintiff brought an action for damages against both the dog owner and the city, specifically alleging the the city knew the dog was dangerous and failed to enforce its vicious animal ordinance. On appeal of the granting of summary judgment for the city, this court found that plaintiff failed to establish that the action taken by the city caused the harm to Pray or exposed her to greater risks, thereby leaving her in a worse position than she was in before the city took action. While this Court found that the city had actual knowledge of the dog's dangerousness, this alone is insufficient.
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Prays v. Perryman |
In an action by a commercial pet groomer against a dog owner for injuries suffered by a dog bite, the trial court found as a matter of law that plaintiff had assumed the risk of a dog bite, and on that basis granted summary judgment in defendant's favor. At the time plaintiff was bitten, she had not yet begun to groom the dog and, in fact, had expressed to defendant her concern whether it was safe for her to do so since the dog was excited and growling. The Court of Appeal reversed. Assuming the veterinarian's rule extended to pet groomers, making the defense of assumption of risk available, it held that plaintiff had not as a matter of law assumed the risk of being bitten since, at the time of the bite, the dog was still under the exclusive control of defendant, who had uncaged it and was holding it on a leash.
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Presidential Village, LLC v. Phillips |
In this case, a landlord brought a summary process action against a tenant who lived in the federally subsidized apartment, based on tenant's keeping of “emotional support dog” in violation of a pet restriction clause in the tenant's lease. The trial court entered judgment in favor of tenant, based on equity, and the landlord appealed. The appeal was transferred to the Supreme Court of Connecticut. The Court held that: 1) appeal was not rendered moot by landlord's commencement of second summary process action against tenant, which was dismissed; 2) trial court could not rely on “spirit” of Department of Housing and Urban Development in exercising equitable discretion to enter judgment in favor of tenant; 3) trial court abused its discretion in applying doctrine of equitable nonforfeiture; and 4) summary process action was “civil action” to which medical treatment report exception to hearsay rule could be applied to allow for admission of letter from physician and social worker of tenant's niece concerning dog's benefit to niece. Reversed and remanded. |
