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Lockett v. Hill |
Defendant's pit bulls killed plaintiff's cat while she watched. This is an appellate brief about non-economic damages.
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Lockett v. Hill |
In this Oregon case, plaintiff sued defendant after defendant's pit bulls mauled plaintiff's cat to death while they were running loose on plaintiff's property. The trial court found that defendant was negligent and awarded plaintiffs $1,000 in compensatory damages but denied plaintiffs' claims for negligent infliction of emotional distress and loss of companionship. Plaintiff sought appeal of the trial court's denial of damages for negligent infliction of emotional distress (NIED) and loss of companionship. The appellate court affirmed, holding that the cat owner was not entitled to recover damages for emotional distress.
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Matter of S. A. B. |
In this Ohio juvenile dependency case, a father appeals a juvenile court judgment ordering him to transfer the his dog to his child, claiming that the court lacked the authority to transfer possession of the dog. He also claims the dog is his personal property and not the child's. The child, who does not live with the father, suffers from panic attacks and has difficulty sleeping at night. The child's therapist testified that the child's mental health symptoms are exacerbated by "missing and worrying about the dog." The therapist testified that, because of the bond that child shares with the dog, the child's emotional support dog should be this particular dog. In contrast, the father claims the dog is legally his and provides a household benefit for him by keeping raccoons away from his chickens and deterring thieves from entering the property. The lower court found that the child shares a bond with the dog and having the dog as an emotional support animal would benefit the child. On appeal, the father argues that an emotional support animal does not fall within the statutory definition for "counseling" and, thus, the court's order was tantamount to giving away his property. In looking at the statute, the court noted that "counseling" is undefined and so looking at the plain and ordinary meaning is appropriate. As a result, the court found that the dictionary definition read with the policy goals of the chapter on jurisdiction of the juvenile court allowed the court to conclude that the term "counseling" includes the use of emotional support animals. The evidence in this case also shows that this particular dog is necessary as ". . . this particular dog is not just a pet, but rather is an emotional support animal for child, as evidenced by child's strong emotional bond with this particular dog and various testimony demonstrating that this particular dog will contribute to child's well-being by providing child with emotional stability and security." As to the property issue raised by the father, the court observed that courts routinely order parents to provide support for their children and this transfer of property did not abuse the court's discretion. Affirmed. |
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McCallister v. Sappingfield |
Plaintiff brought action for damages against defendant for killing his dog. Evidence as to its special value was admissible. was not error to admit the testimony of plaintiff regarding the dog's special value. Owner of a dog wrongfully killed was not limited to market value and could prove its special value by showing its qualities, characteristics, and pedigree.
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Newport v. Moran |
In this Oregon case, an action was brought to recover damages for injuries after defendant's dog ran into plaintiff and knocked her down. The lower court entered a verdict against the defendant and she appealed. The Court of Appeals held that, after reviewing the evidence in the light most favorable to plaintiff, there was find no evidence that would put defendant on notice that the dog had a potentially dangerous propensity to run into people. Further, without some reason to foresee that the dog was likely to run into people, there was no common-law duty to confine the dog. The evidence also did not warrant submission of the case to the jury on the theory of negligence
per se
for violation of the dog control ordinance because this risk was not one anticipated by the ordinance. Reversed.
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Norwest v. Presbyterian Intercommunity Hospital |
This court found that there was no common law liability where a tortfeasor's conduct caused a child to lose parental support and care. The court declined to create a new common law cause of action for parental consortium, and suggested that it was up to the legislature to create such a cause of action. However, dicta in the case refers to an invasion of the animal/animal owner relationship as actionable misconduct.
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OR - Agriculture - § 600.510. Restrictive Confinement of a Pregnant Pig |
This Oregon law makes the restrictive confinement of a pregnant pig illegal in the state to phase out the use of gestation crates in the Oregon farming industry. The law makes it illegal to confine a pregnant pig in a way that prevents them from lying down and fully extending their limbs or turning around freely. There are some exceptions to this law, such as for transportation, veterinary care, or during the slaughtering process. |
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OR - Animal Definitions - Chapter 87. Statutory Liens. Liens Generally. 87.142. Definitions |
This is Oregon's statutory definitions for Animal Statutes. |
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OR - Animal Racing - Chapter 462. Racing. |
Oregon created a Racing Commission that has the authority license, regulate, and supervise all race meets within the state and shall cause the race tracks that hold races to be inspected at least once each fiscal year. A race meet is not to be held unless a license is obtained from the Oregon Racing Commission. All employees of the race track as well as any public training facility or kennel for greyhounds involved in racing are also required to obtain a license from the Commission prior to engaging in their duties. The Commission may require each applicant to obtain a recommendation in writing of the board of county commissioners of the county in the event a race meet is to be held outside of a city and of the governing body of such city if the race meet is to be held within a city. The Commission is tasked with determining the number and classes of race meets to be held in any fiscal year and the total number of racing dates to be granted to a licensee, not to exceed 350 days in any metropolitan area in any fiscal year. The Commission is entitled to require chemical testing of the urine, blood, saliva, or other bodily substances of animals participating in races. Animals are prohibited from participating in races if they have been administered a drug that is prohibited by the Commission, prohibited drugs have been detected in the animal's system, and the animal has been stimulated or depressed in any way by a mechanical device not sanctioned by the Commission. |
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OR - Assistance Animals - Assistance Animal/Guide Dog Laws |
The following statutes comprise the state's relevant assistance animal and guide dog laws. |
