Pet Damages: Related Pleadings

Pleading namesort descending Summary
Ammon v. Welty

Amicus Brief about non-economic damages in case where warden shot a family dog.

Anays Rodriguez-Porras, Plaintiff v. Miami-Dade Animal Services, Miami-Dade Police Department, Miami-Dade County, Defendants

This Miami-Dade County, Florida case concerns the unauthorized euthanization of the plaintiff's dog, "Cowboy." Cowboy was a beloved family pet who was fitted with an identification microchip in case he was ever lost. In August of 2005, Cowboy got loose after being frightened by a storm and picked up by an animal shelter officer. The plaintiff was inaccurately informed that no dog matching Cowboy's description was at the shelter (records from the shelter showed he was actually picked up the same day he escaped from his home). Five days later, she was informed that Cowboy was at the shelter. After telling the shelter she would be there the next day to pick up Cowboy (since the shelter was closing and would not wait for her to arrive), the shelter euthanized the dog despite assurances to plaintiff that he would be kept safe. Plaintiff sued animal control, the county, and police department for intentional infliction of emotional distress, conversion, wrongful disposition of a body, and negligence.

Brock v. Rowe Stan Brock, a former NFL star, is suing is neighbor for shooting his two dogs with a bow and arrow. This is an opposition to a motion to dismiss on a claim of emotional distress for loss of family pets. The motion was successful.
Burgess v. Taylor

Taylor v. Burgess is a landmark case in Kentucky allowing non-economic damages for an animal. Judy Taylor's two horses were stolen and sold for slaughter. Taylor then successfully sued for non-economic damages.

Christine Valpiani and Anthony Valpiani, husband and wife, plaintiffs v. Lisa K. Reising, D.V.M. a Washington State veterinarian

This King County, Washington motion for summary judgment sought dismissal of several of plaintiff's claims as well as a limitation to the damages that are recoverable. Plaintiffs claim that the negligence of defendant-veterinarian caused the death of their dog (defendant admitted negligence so the issue here centers on damages). The court held that plaintiffs may assert claims for loss of use, but not loss of companionship.

Clark v. Cardinal Animal Care This is a complaint for veterinary malpractice. The cat had been checked in for a routine flea treatment. The cat ended up with a severe problem, which the veterinarian lied to the owner about. The veterinarian performed an unauthorized surgery on the cat. The cat died.
Colleen Harrington v. David Hovanec, and DOES 1 through 20 inclusive This California complaint for damages raises five causes of action: (1) gross negligence; (2) trespass to chattel; (3) conversion; (4) intentional infliction of emotional distress; and (5) violation of California Civil Code Section 3340 (related to damage to animals as property). The lawsuit arose from the negligent and/or intentional shooting of plaintiff's dog by defendant in May of 2004. According to the complaint, plaintiff's dog was shot at least thirteen times by defendant's two different guns.
Deanna Wilson, the guardian of her beloved Avain companions v. PETCO Animal Supplies, INC. and DOES 1-10 PETCO and plaintiff met for a settlement conference by order of the Superior Court before the Bar Association of the San Francisco Early Settlement Program. In this settlement, PETCO agreed to pay $7,000 for the dismissal of the suit and the plaintiff agreed to accept this sum with the knowledge that she will be barred from proceeding against PETCO for this incident in the future. PETCO also reaffirmed that is had discontinued selling the bird cage that was the subject of this action and that it will not reinstate this product in its stores with zinc levels that exceed the nationally accepted standard for avian toxicology.
ERIC SANDLE, plaintiff v. JEFRI DAVIS, and DOES 1-20 inclusive, defendant This complaint arose from the intentional shooting of plaintiff's dog by defendant. Plaintiff was on his property pruning a tree when defendant shot plaintiff's dog, who was in the street at the time approximately three feet away from defendant. As a result of the shooting, plaintiff's dog is paralyzed in the back half of his body and suffers from bladder and bowel difficulties. Three causes of action were raised in the complaint: (1) intentional infliction of emotional distress; (2) conversion; and (3) violation of California Civil Code of Procedure Section 3340 (relating to damage to animals).
Hair v. Quail Corners Animal Hospital

Standard veterinary malpractice case for a show dog. Includes Interrogatories. Veterinarian negligently treated show dog after she was shot by a hunter. In addition, another vet then left a needle inside the dog. Vets failed to take the needle out, causing the dog's death.

Hoaward Stein, Susan Stein, Steven Glasser, Gail Glasser, Joel Hodes, Netiva Caftori, Eric Cooper, Norman Cooper v. Dr. Todd Pri This Illinois action brings forth the claims of four sets of plaintiffs for various claims against defendant-veterinarian. While the specific facts concerning the alleged wrongdoings are not provided, it appears that defendant was a veterinarian who operated a medical center and animal boarding facility. Plaintiffs all raise four counts against defendant (breach of contract, negligence, malpractice, and bailment) for the deaths of their dogs. From each set of facts, the various plaintiffs allege that their dogs were in good health prior to boarding their dogs at defendant’s facility, and each dog subsequently died in its cage. In the negligence and malpractice counts, the plaintiffs note that defendants failed to provide an adequate environment to ensure the dogs’ safety, failed to provide adequate ventilation, failed to sterilize the boarding area after sick animals had been housed there, and then failed to properly preserve the companion animals to ensure accurate necropsies, among other things. All plaintiffs sought both actual damages for the loss of their companions as well as damages related to their “reasonable sentimental value.”
Iris Lewis v. Al DiDonna, Pharmacist; James DiDonna, Pharmacist; Eckerd Drug Store of Stone Ridge, New York; Eckerd Corporation

In this case, the plaintiff brought her dog of nine years to a veterinarian and was given a prescription for an anti-inflammatory drug called Feldene to treat the dog’s condition. After the dog died of renal failure complications, plaintiff discovered that the Feldene prescription was mislabeled by the pharmacist. The Supreme Court, Appellate Division for the Third Judicial Department held that the allegations in plaintiff’s verified complaint sufficiently allege defendant’s wanton and reckless disregard of plaintiff’s rights to survive a motion to dismiss. Further, the court noted that while plaintiff did not appeal the dismissal of her cause of action for loss of companionship, the court made it clear that loss of companionship is not cognizable cause of action in the state of New York.

James S. Cable, Plaintiff v. Burrows, Defendant

This California judgment awarded no money to plaintiff on his claims.

Julie Marie Grizzel v. James William Hickey d/b/a S & S Farms; Ron Lee Omara and S & S Farms, Inc. aka S.S. Farms Linn County, I

The plaintiff in this Oregon case brought an action alleging negligence and intentional infliction of emotional distress against the defendant, who was a licensed animal dealer. Plaintiff owned “My Girl,” a purebred cocker spaniel, whom plaintiff cared for and enclosed in a secure, fenced backyard. While My Girl was secure in her backyard, two other individuals seized her and transported her to defendant Hickey (who was known to be engaged in the business of selling animals to research laboratories).

Krcmar v. Kirkland

Veterinarian abused dog, resulting in death. Veterinarian then tried to cover up his actions by improper disposal of body. This is a malpractice suit for damages. This is also a good example of "conspiracy of silence."

Lee v. Cook

Amicus Curae brief on why suit for wrongful death of a dog can include emotional damages.

Lockett v. Hill

Defendant's pit bulls killed plaintiff's cat while she watched. This is an appellate brief about non-economic damages.

Lucille Everette, Plaintiff v. HBPC Corporation, PS d/b/a Highland Bird & Pet Clinic, a Washington Corporation (UBI 602-374-921)

This King County, Washington order states that the appropriate measure of damages for "Tashi" is intrinsic value and not fair market or replacement value. The matter came before the court on plaintiff's motion concerning damage theories.

MARILYN DANTON v. ST. FRANCIS 24 HOUR ANIMAL HOSPITAL, P.C. a Washington professional services corporation (UBI 602-029-072); an

This document contains the court's instructions to the jury in the Danton v. St. Francis case that concerned the escape of a companion animal (cat) from defendant animal hospital. The cat was being boarded at the hospital at the time it escaped.

MARILYN DANTON v. ST. FRANCIS 24 HOUR ANIMAL HOSPITAL, P.C. a Washington professional services corporation (UBI 602-029-072); an This Washington case involves plaintiff's suit against defendant animal hospital for the escape of her cat while the cat was being boarded at the hospital. Plaintiff sued for simple negligence with a presumption of res ipsa loquitur and breach of bailment contract. With regard to damages, plaintiff pleads intrinsic value of "Moochie," which includes as component the emotional distress suffered by plaintiff. Following a six-person jury trial, the jury returned a verdict in favor of plaintiff on her negligence and breach of contract claims in a total amount of $2,500.00
Mary Grace Long, plaintiff v. Miles R. Lewis and Darnell Webb, defendants

This King County, Washington case concerns the appropriate measure of damages for the loss of plaintiff's cat. The court granted plaintiff's motion, finding that damages can include intrinsic value and loss of use. While "loss of companionship" may be the subject of testimony and argument, the court stated that it may not be a "line item" measure of damages.

Medeiros v. Lloyd The Board of Registration in Veterinary Medicine had sanctioned Dr. Lloyd for improper treatment of a dog, "Pooch," for heartworms. This is a suit for damages against Dr. Lloyd. The briefs are drafted by none other than one of the best-known names in Animal Law, Steven M. Wise.
MICHAEL SEAGRAVE, plaintiff v. MICHAEL ATZET, and DOES 1-20 inclusive, defendant This California complaint arose from the shooting of plaintiff's golden retriever dog. Plaintiff's dog was secure in the backyard which was bordered by a fence. According to the complaint, defendant intentionally used a high-powered pellet rifle and shot the dog by positioning the rifle over or through the fence. This injury resulted in plaintiff's dog's death. The complaint raised three causes of action: (1) intentional infliction of emotional distress; (2) conversion; and (3) violation of California Civil Code of Procedure Section 3340 (related to damages to animals).
Richard B. Rappaport v. Max E. McElroy, D.V.M., Sherwood Veterinary Clinic, Inc. and Does 1 through 30, Inclusive

In this California case, plaintiff sued a veterinarian for giving his exotic pet (a Serval cat), a flea treatment known to be toxic to cats. The veterinary malpractice action focused on defendant’s negligence in failing to exercise a reasonable level of knowledge and skill ordinarily possessed by others practicing veterinary medicine. In fact, plaintiff contended that it is well known in the field and indicated by the manufacturer of Spotton, that the drug should not be used on felines. Plaintiff prayed for damages in the amount of $25,000, which included lost wages, the commercial value of the cat, and loss of companionship, among other things.

Robert Zauper, Plaintiff v. Michael Lababit and Jane Doe Lababit, and the marital community comprised thereof; and Does 1-10, De

This Kitsap County, Washington judgment summary, findings of fact, and conclusions of law found defendants liable for five claims including simple negligence, strict liability, private nuisance, public nuisance, and gross negligence. In the award of damages, plaintiff received a total judgment in the amount of $75,501.09, which included $50,000 for intrinsic value and $25,000 for emotional distress.

Ronald Hane and Laurie Simerson, plaintiffs v. Maurice James and Mary James, defendants

This is a copy of a Washington arbitration award that awarded general and special damages.

Sharon Shumate v. Cecile Mouraux, an individual; Jean-Pierre Mouraux, an individual; both doing business as Happy Pets Inn, and In this California case, the plaintiff sought damages after her companion, a nine-year-old purebred cocker spaniel, suffered terminal injuries after staying at a “dog spa.” The defendants marketed their pet boarding facility in the brochures given to plaintiff as one that would provide “personal care in a secure atmosphere.” After plaintiff’s dog spent a visit at defendants’ facility, she noticed that Daisy was behaving abnormally, crouching low to the ground and apparently cowering. Shortly thereafter, plaintiff then observed the dog whimpering in pain with bloody stools and a slow, lethargic demeanor. Upon bringing the dog in for a veterinary examination, the veterinarian determined that the dog had suffered multiple broken ribs. The dog later died and a necropsy revealed the dog had twelve broken ribs, a torn liver, and brain swelling caused by severe trauma. In a phone call to defendants, the defendants denied any wrongdoing saying that nothing could have happened to Daisy while at the Happy Pets Inn. Plaintiff’s causes of action focused on negligence claims, arguing that Daisy’s injuries could not have occurred without negligence by someone and that she was in the exclusive control of defendants when they occurred. (Plaintiff also raised a violation of business practices claim under California code.) What is significant about this complaint is that it raises a modified res ipsa loquitur argument in a bailment action. It also contends that an exculpatory waiver in such a business relationship was unlawful.
Stephanski v. Wimpy Complaint against a vet. for malpractice. Plaintiff's dog died after it was neutered. Plaintiff sought non-economic damages.
Terrence Ing v. American Airlines, a corporation doing business in the State of California; and DOES 1 through 20, inclusive

This California complaint arose from the death of plaintiff's dog while in American Airlines' care. The dog flew from New York to San Francisco in the cargo area. Upon arrival, the dog was alive, but in physical distress. Plaintiff raised eleven causes of action, including gross negligence, conversion, and intentional infliction of emotional distress, among others.

Tracy Skaggs and James David Hardin and Mark Skaggs v. Wal-Mart Stores East, Inc. and 21st Century Pets

This case involves a suit by a dog owner against Wal-Mart and 21st Century Pets after an indoor pet boundary fence and transmitter caused fatal injuries to plaintiff’s dog. The Plaintiff alleged that the product was so defective as to create causes of action based on strict liability, negligence, breach of implied and express warranties, fraud, and negligent misrepresentation. The Jefferson County Court held that the “fair market value standard falls far short of fair compensation for the loss of a companion animal.” The court agreed that the household goods exception, well-recognized under Kentucky law, was an example of the extension of damages for property beyond fair market value.

Wysotski v. Air Canada

Airline mishandled shipment of pet cat, the container was damaged and cat escaped. Complaint on negligence and other grounds for $2.5 million in damages.