United States

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Titlesort descending Summary
Snyder v. Bio-Lab, Inc.


Plaintiffs sought damages after having to slaughter dairy cows that were injured by defendant’s defective machine. The Court held that plaintiffs could recover 1) the fair market value less salvage value of the cows, 2) the loss of profit during the period after the incident when cows of comparable quality became available on the market, and 3) the calculable loss in milk production caused by the incident's negative impact on the milk production level of the remaining cows.
Soldal v. County of Cook


Fourth Amendment protections apply regardless of the specific reasons for why a seizure may have occurred.
SOME TENANTS HAVE TAILS: WHEN HOUSING PROVIDERS MUST PERMIT ANIMALS TO RESIDE IN “NO-PET” PROPERTIES
SOME THOUGHTS ON ANIMAL EXPERIMENTATION
Soucek v. Banham


Dog owner brought action for damages against city and police officers that shot his dog, seeking punitive damages.  The court observed that under Minnesota law dogs are personal property, and thus, the proper measure of compensatory damages for destroying an animal is the fair market value of the animal.  The court further held Soucek cannot recover punitive damages for the loss of his pet because he only suffered property damage. Compensatory damages for the loss of Soucek's pet are limited to the fair market value of the animal. 
Southall v. Gabel


This case resulted from the alleged negligent transport of a horse that resulted in a drastic change in the horse's temperament (to a "killer horse"), which ultimately led to its destruction by its owner.  Before trial, defendant demurred to plaintiff's petition on the ground that the action was barred under R.C. s 2305.11, the act being 'malpractice' and therefore required to be brought within one year after the termination of treatment.  The Court of Appeals held that the trial court's decision overruling the demurrer to plaintiff's petition was correct, 'the petitioner is based on negligence for the transporting rather than malpractice.'  Further, the Court held that until the Supreme Court speaks, veterinarians are not included in the definition of malpractice (reversed and remanded -

See

,

293 N.E.2d 891

(Ohio, Mun.,1972).
Southall v. Gabel


This action was brought by plaintiff as owner of a 3 year old thoroughbred race horse, named Pribal, against defendant, a veterinarian, charging defendant so mishandled the horse that it sustained physical injuries and emotional trauma; that the emotional stability of the horse worsened until finally it was exterminated. The court held that the evidence failed to show any proximate cause between the surgery that was performed on the horse and the subsequent care and transport of the horse by the veterinarian. 



As the court stated, what caused Pribal to become mean and a "killer" is speculative; the O.S.U. Veterinary Clinic records in evidence did not indicate any causal relationship between the handling of Pribal by the defendant and the subsequent personality change resulting in Pribal becoming a "killer horse."
Southbark, Inc. v. Mobile County Com'n


In the past, SouthBARK, a charitable non-profit no kill shelter, acquired dogs from the Mobile County Animal Shelter (MCAS) to prevent their euthanization. However, after a SouthBARK employee threatened a shelter worker and after numerous statements from SouthBark about the number of animals being killed at MCAS, MCAS refused to let SouthBARK take anymore dogs for a 6 month period. After the 6 month period, MCAS allowed SouthBARK to take dogs again, but soon afterwards sent a letter to SouthBARK informing them that they could not take any more animals. SouthBARK and Dusty Feller, the Vice President of SouthBARK, brought this action against Mobile County Commission and MCAS. On July 8, Defendants filed a Partial Motion to Dismiss. The District Court granted the motion in part and denied the motion in part, stating that it was "not inclinded to make Defendants' arguments for them."
Southeastern Community College v. Davis


Applicant to nursing program brought suit against the college alleging discrimination under Section 504 of the Rehabilitation Act for denying her acceptance to the program based on her physical disability of being deaf. The college alleged that the applicant was not "otherwise qualified" under the statute because, even if provided accommodations for her hearing disability, she would be unable to safely participate in the clinical training program. The court held that "otherwise qualified" under the statute means that a person is qualified for the program "in spite of" the handicap, and that the applicant here was not otherwise qualified for the program. The court also held that a program authority is not required to ignore the disability of the applicant when determining eligibility for the program. Rather, the statute only requires that the disabled person not be denied the benefits of the program solely because of the disability.
Spangler v. Stark County Dog Warden


The appellant Robert T. Spangler appealed the decision of the Canton Municipal Court, Stark County that affirmed a dog warden's classification of his dog as "dangerous" under R.C. 955.11. While there are no cases on point that interpret this specific procedure on appeal, the court found the record did not reveal an abuse of discretion that would create a manifest miscarriage of justice. Even where there was potentially conflicting testimony whether appellant's dog actually bit the other dog's owner or whether it was caused by his own dog, the statute only requires a demonstration that the dog in question "caused injury" without provocation. Appellant's dog leaving the property lead to a "chain of events resulting in some sort of puncture injury" to the other dog owner's leg.

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