Georgia

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Titlesort descending Summary
Abundant Animal Care, LLC v. Gray


While either shadowing her aunt or during her first day working at the veterinary clinic, the plaintiff was bitten three times by a dog she had taken outside to exercise. Plaintiff subsequently filed numerous claims against the veterinary clinic, including: negligence; negligence per se; nuisance; and violation of a premise liability and a dangerous dog statute. After the lower court denied defendant's motion for summary judgment, the defendant appealed to the Georgia appellate court. The appeals court stated that in a dog bite case, the plaintiff needed to produce evidence that the dog had a vicious propensity. Since the plaintiff failed to produce such evidence, the court held the defendant should have been granted a motion for summary judgment on its premise liability, nuisance, dangerous dog statute, and negligence per se claims. As for the negligence claim, the court held the defendant should have been granted a motion for summary judgment because the plaintiff was not aware of internal procedures to protect invitees and because the injuries were not proximately caused by negligent supervision. The lower court's judgment was therefore reversed.
Banks v. Adair

In this Georgia dog bite case, plaintiffs appealed a directed verdict for the defendant. The Court of Appeals held that the verdict was properly directed for defendant where there was no evidence that established the defendant's knowledge of his dog's propensity to bite or injure humans.
BARKING HOUND VILLAGE, LLC., et al. v. MONYAK, et al. In 2012, Plaintiffs Robert and Elizabeth Monyaks took their dogs Lola and Callie, for ten days to a kennel owned by Defendants Barking Hound Village, LLC (“BHV”) and managed by William Furman. Callie, had been prescribed an anti-inflammatory drug for arthritis pain. However, three days after picking up their dogs from BHV, Lola was diagnosed with acute renal failure and died in March 2013.The Monyaks sued BHV and Furman for damages alleging that while at the kennel Lola was administered toxic doses of the arthritis medication prescribed for Callie. BHV and Furman moved for summary judgment on all the Monyaks' claims asserting that the measure of damages for the death of a dog was capped at the dog's fair market value and the Monyaks failed to prove that Lola had any market value. The Court of Appeals concluded that the proper measure of damages for the loss of a pet is the actual value of the dog to its owners rather than the dog’s fair market value. The court stated that the actual value of the animal could be demonstrated by reasonable veterinary and other expenses incurred by its owners in treating injuries, as well as by other economic factors. However, evidence of non-economic factors demonstrating the dog's intrinsic value to its owners would not be admissible. The Supreme Court of Georgia reversed in part and held that the damages recoverable by the owners of an animal negligently killed by another includes both the animal's fair market value at the time of the loss plus interest, and, in addition, any medical and other expenses reasonably incurred in treating the animal. The Supreme Court reasoned that “[t]he value of [a] dog may be proved, as that of any other property, by evidence that he was of a particular breed, and had certain qualities, and by witnesses who knew the market value of such animal, if any market value be shown.” The Supreme Court also affirmed the Court of Appeals in part and found no error in the court's determination that Georgia precedent does not allow for the recovery of damages based on the sentimental value of personal property to its owner.
Barton v. State



Four defendants were convicted of dog fighting in violation of

O.C.G.A. §

 

16-12-37

and they


were also convicted of gambling in violation of

O.C.G.A. §

 

16-12-21(a)(1)

. On appeal, the court rejected the constitutional attacks on §

 

16-12-37. The court affirmed the convictions only with respect to one defendant and reversed the convictions as to the remaining three defendants based upon the sufficiency of the evidence.
Beard v. State


Defendants were convicted of hunting with an unplugged pump shotgun and obstructing a law enforcement officer in the discharge of his official duties. The Court of Appeals held that the evidence was sufficient to support convictions, the admission of evidence of defendants' prior run-ins with the law was not error, and the judge's instruction that admissions should be scanned with care, if jury found defendant had made an admission, was a correct statement of law and not, as contended, an expression of the judge's opinion.
Brackett v. State


In this Georgia case, appellants were convicted of the offense of cruelty to animals upon evidence that they were spectators at a cockfight. The Court of Appeals agreed with the appellants that the evidence was insufficient to support the conviction, and the judgment was reversed. The court found that the statute prohibiting cruelty to animals was meant to include fowls as animals and thus proscribed cruelty to a gamecock. However, the evidence that defendants were among the spectators at a cockfight was insufficient to sustain their convictions.
Bramblett v. Habersham Cty. Defendants appeal from an order granting a petition for recoupment of costs filed by Habersham County pursuant to OCGA § 4-11-9.8, and a separate order directing the defendants to pay $69,282.85 into the court registry in connection with the boarding, treatment, and care of 29 dogs that the Brambletts refused to surrender after the County seized over 400 animals from their property. In April 2017, over 400 animals were removed from the Bramblett's property and they were charged with over 340 counts of cruelty to animals under Georgia law. There were 29 animals that were not surrendered and were running loose on the property. The current petition for recoupment of costs here refers to the care for those 29 animals, which were later impounded. The Brambletts appealed that order, arguing that the trial court erred in granting the County's petition without providing notice under OCGA § 4-11-9.4. The appellate court disagreed, finding that the procedure in OCGA § 4-11-9.8 applied because the notice provisions of OCGA §§ 4-11-9.4 and 4-11-9.5 only apply when the animal has been impounded “under” or “pursuant to this article” of the Georgia Animal Protection Act. Here, the animals were seized under as part of an investigation of violations of OCGA § 16-12-4 so the notice provisions did not apply. As to defendants contention that the court erred by not considering the "actual predicted costs" of caring for 29 dogs and instead relying on a "formulaic calculation," the court also found no error. The judgment was affirmed.
Burns v. Leap


In this Georgia case, the plaintiff-invitee was knocked into a barbed wire fence by horse that was being boarded by the property owner, suffering injuries as a result. The Court of Appeals agreed with the trial court's order of summary judgment, finding that, under dangerous-animal statute, the property owner did not know of any vicious propensity on part of horse. Further, the invitee failed to show that horse had a vicious propensity and therefore could not prevail on premises-liability claim.
Carroll v. Rock


After plaintiff's cat escaped while at the defendant's animal hospital, Rock sued Dr. Carroll d/b/a The Animal Care Clinic for conversion or breach of bailment and emotional distress, seeking punitive damages and attorney fees.  The court agreed with Carroll that the trial court erred in instructing the jury on punitive and vindictive damages, as vindictive or punitive damages are recoverable only when a defendant acts maliciously, wilfully, or with a wanton disregard of the rights of others.  Plaintiff's intentional infliction of emotional distress claim also must fail because defendant's conduct was not outrageous or egregious. 
Carter v. Ide


This Georgia case involves an action for injuries received by a boy after he was attacked by the defendant's dog. The lower court granted summary judgment to the defendant and the plaintiffs appealed. The Court of Appeals held that where there was no showing that the dog ever so much as growled at a human being before the attack, the owner of dog was not liable for injuries. Evidence that the dog previously chased a cat and had engaged in a fight with another dog was insufficient to show the owner's knowledge of the dog's vicious tendencies toward humans to create liability for the owner.

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