| Information
for the Courts, District Attorneys and Judges
In an increasingly proactive legal system
that recognizes the emotional bond between animals and their human
families, several states have recently allowed claims and/or judgements,
or have considered legislation for emotional distress to owners
in animal cruelty cases. Some examples are: Oregon, News-Times
Waldport attorney wins award in pet poisoning case
Wednesday September 18, 2002
Waldport attorney Scott Beckstead announced this week that he won
an award of more than $135,000 from a Curry County jury on Sept.
12 in a case alleging emotional harm from the poisoning of four
pet dogs.
Beckstead tried the case in front of a jury with support and assistance
from Brookings attorney Kim Olin.
The plaintiffs, Joe Ingwerson, Delores Ingwerson, and their daughter,
Sarah Ege, all of Brookings, alleged that a neighbor, Jerry Whitman,
intentionally fatally poisoned their four dogs. The lawsuit sought
damages for the emotional distress suffered by the family as they
watched their animals die from poisoning by slug bait and antifreeze.
The lawsuit also sought an award for the dogs' value and the veterinary
bills incurred.
The evidence at trial showed that shortly after moving into the
house across the street from the Ingwerson family in May 1995, Whitman
began complaining about the dogs. In October 1995, two of the family
dogs, a 1-year-old-Schipperke and an 11-year-old springer spaniel,
were poisoned with antifreeze and had to be euthanized.
According to Beckstead, in the years that followed, Whitman continued
to exhibit hostility toward the Ingwerson family and their dogs.
According to an eyewitness who testified in the trial, Whitman was
seen standing at the Ingwersons' gate with a small box under his
arm, with "Jack," the family's border collie, on the other
side.
The next day, Jack died of slug bait poisoning. About two weeks
later, a fourth dog, "Chewy," died of antifreeze poisoning.
Whitman died of long-standing health problems in March of this year.
Prior to his death, when questioned by Beckstead in the deposition,
Whitman denied killing the dogs.
After Whitman's death, the lawsuit was converted into an action
against his estate, with his wife, Audrey Whitman, serving as personal
representative. The estate was represented at trial by Coos Bay
attorney Nathan McClintock.
After both sides presented their evidence, the judge ruled that
the plaintiffs had not provided sufficient evidence to allow the
jury to award damages for the deaths of the first two dogs. He also
ruled, however, that the jury could consider the earlier poisonings
as evidence that Whitman killed the second two dogs.
The jury awarded conversion damages of $35,662 for the death of
Jack, and emotional distress damages of $50,000 each for Jack and
Chewy.
"The evidence demonstrated that the plaintiff loved their dogs
dearly and considered them part of the family," Beckstead said.
"The jury's verdict reflects the belief among ordinary people
that losing an animal you love is very different from losing ordinary
personal property."
Beckstead said that to his knowledge, this verdict is the largest
of its kind in Oregon history. "As far as I know, no jury in
Oregon has ever awarded damages this large for emotional harm resulting
from the intentional killing of a companion animal," he said.
Wednesday, June 25, 2003
from today's NY Law Journal
Woman Recovers Damages for Loss of Dog
A Long Island woman whose Yorkshire terrier died after a groomer
placed it in a hot dryer after bathing is entitled to damages that
account for the companionship the dog provided, a judge has ruled.
In Mercurio v. Weber, SC1113-03, Nassau County District Court Judge
Scott Fairgrieve determined that Debra Mercurio, who bought the
dog after she lost her husband in the Sept. 11 attacks, could recover
$2,095 from All Paws Pet & Grooming Mobile, which admitted negligence.
The judge reasoned that even though Dexter "was not an animal
who possessed many useful skills," part of his value was his
company. The "chief purpose" of dogs, the judge concluded,
is the companionship they afford, as opposed to any services they
provide. Ms. Mercurio, who brought the suit pro se, was paid $1,513
to replace Dexter, a price the judge said "encompasses the
loss of companionship." Bentley, another of Ms. Mercurio's
Yorkies, was burned in the dryer, too, but he
survived. The award included the $582 she spent on veterinary services
to treat both dogs' burns. Farrah, a third Yorkie, was not injured
by the dryer.
Lawsuits May Be Allowed When Pets Are Abused
February 11, 2003
http://news.yahoo.com/news?tmpl=story2&cid=573&ncid=757&e=1&u=/nm/20030211/od_nm/pets_dc
DENVER (Reuters) - People who abuse cats and dogs
could find themselves in serious legal trouble if a bill passes
in Colorado that would allow pet owners to sue for up to $100,000
for "loss of companionship," the measure's sponsor says.
"I want to hold people responsible who are intentionally cruel
to animals," state Rep. Mark Cloer said Monday.
Cats and dogs are now considered "property" and with most
not worth more than $50, it makes no sense to sue someone who tortures
or kills a pet, the Republican lawmaker from Colorado Springs said.
Local media said the companionship measure would be the first of
its kind in the country. Colorado already is one of 14 states that
allow pets to "inherit" from their owners.
Lawsuit filed on dog's behalf
Dayton Daily News
SPRINGFIELD | The Dayton-based Center for Animal
Law and Advocacy has filed a civil lawsuit on behalf of Sadie, the
2-year-old mixed breed dog beaten and burned by her owner.
The animal-rights organization sued Bryon F. Maggard on Tuesday
for intentional assault and battery and intentional infliction of
emotional distress. The group is seeking in excess of $25,000 in
damages to pay for Sadie's housing, medical bills and future medical
and psychological needs. The suit also seeks money damages for the
dog's pain and suffering and emotional distress.
Maggard, 19, is in the county jail after he pleaded guilty. He was
sentenced May 2 to serve 30 days and ordered to get anger and alcohol
counseling. He also must pay about $2,000 in fines and restitution.
He lived in South Vienna at the time of the incident. He now lists
Tennessee as his home.
Maggard admitted to beating Sadie with a skillet, trying to hang
her with electrical cord and setting her on fire on St. Patrick's
Day, according to court records. A family member found the dog hiding
in the back yard. She is to be adopted today.
Paul R. Leonard, legal counsel and interim director of the Center
for Animal Law and Advocacy, said the suit is the first in the state
in which an advocacy group is suing on behalf of an animal.
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