Companion Animal Valuation in Civil Litigation

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Copyright 2018, Printed in the United States of America All rights reserved No part of this. monograph may be reproduced or transmitted in any form or by any means. electronic or mechanical including photocopying recording or by any. information storage and retrieval system except for citation within legal. documents filed with a tribunal without permission in writing from the publisher. Disclaimer The views expressed herein are not a legal opinion Every fact. situation is different and the reader is encouraged to seek legal advice for their. particular situation,The Apex Jurist www ApexJurst com is. Published by ApexCLE Inc,www ApexCLE com,119 South Emerson St. Mount Prospect Illinois 60056,Ordering Information. Copies of this monograph may be ordered direct from the publisher for 64 95. plus 4 25 shipping and handling Please enclose your check or money order and. shipping information For educational government or multiple copy pricing. please contact the publisher, Library of Congress Cataloging in Publication Data.
ApexCLE Inc,1 ApexCLE Inc 2 Law United States Guide books. 3 Legal Guide 4 Legal Education,Copyright 2018 All Rights Reserved Page 2. About the Author and,Anna Morrison Ricordati, Anna Morrison Ricordati practices civil litigation business law and animal law in. Chicago Illinois Handling all aspects of dispute resolution Anna has represented. individual and business clients in mediations arbitrations jury and bench trials. equitable remedies and appeals She is a past Chair of the Illinois State Bar. Association s Animal Law Section Council 2010 2011 Chair of the Chicago Bar. Association s Animal Law Committee 2012 2013 Chair of the DuPage County. Bar Association s Animal Law Section 2013 2014 past President of the North. Suburban Bar Association 2014 2015 and has served as a CLE speaker on. emerging legal topics for many organizations including The Chicago Bar. Association Illinois State Bar Association and Louisiana State Bar Association. Anna has also guest lectured at The John Marshall Law School in animal law and. civil practice courses, Anna received her J D cum laude in 2003 from The John Marshall Law School. Chicago IL She received a M S Interdepartmental Biological Sciences in 2001. from Northwestern University Evanston IL She received a B S cum laude. Microbiology in 1998 from University of Illinois Urbana Champaign IL She was. admitted in Illinois in 2003 and the District of Columbia in 2007. Author s Email Address anna amrlawgroup com, Author s Website http www animalwelfareattorney com.
Author s Mailing Address 111 W Washington St Suite 1760. Chicago IL 60602,Author s Phone Number 312 376 7660. Copyright 2018 All Rights Reserved Page 3,Table of Contents. Table of Contents 4,Timed Agenda 5,Companion Animal Valuation in Civil Litigation 6. Introduction Background Animal Law 6,Companion Animal Issues In Court 6. State Laws Court Treatment Differs 6,Valuation Damages 7.
ACTUAL VALUE 7,LOSS OF VALUE 7,Anzalone v Kragness 7. Leith v Frost 8,Strickland v Medlan 8,Valuation Damages 8. How do I establish damages 10,Veterinary Malpractice 10. Professional Malpractice 10,Other Claims 11,Other Wrongful Injury or Death 11. Valuation Damages 11,Other Wrongful Injury Death 13.
Copyright 2018 All Rights Reserved Page 4,Timed Agenda. Time Description,00 00 00 Program Start,00 00 20 Introduction and Background. 00 03 23 Valuation Damages,00 06 11 Market Valuation. 00 08 39 Anzalone v Kragness,00 11 28 Leith v Frost. 00 14 51 Strickland v Medlan,00 19 44 Zauper v Lababit.
00 20 41 Bluestone v Bergstrom,00 21 00 Evers v Palmer. 00 21 23 Multiple Jurisdictions,00 29 10 How do I establish damages. 00 31 30 Emotional Damages NIED V IIED,00 42 52 Veterinary Malpractice. 00 48 23 Professional Malpractice,00 51 50 Other Claims. 00 56 46 Other Wrongful Injury or Death,00 58 27 Mengarelli Case.
01 10 12 Pet Shops,01 13 18 Dafnis Case,01 18 03 Additional Wrongful Injury Death. 01 24 35 Increasing Damages,01 27 38 Conclusion,01 30 24 Program End. Copyright 2018 All Rights Reserved Page 5,Companion Animal Valuation in Civil Litigation. ANIMAL LAW VALUATION, What damages are available when my client s animal is injured or. Introduction Background Animal Law, The field of animal law encompasses not only companion animals.
commonly referred to as pets but also those animals living in the wild. and animals used for entertainment food and in research. Animal attorneys often seek to protect animals from abuse under. existing statutory and case laws and seek to extend animal protection. through common law bringing legal cases legislative change. Although a non traditional legal field animal law involves traditional. subject matter such as tort contract criminal and constitutional. law Animal law is currently taught in 160 law schools US and. Canada including Harvard Stanford UCLA and the University of. Chicago Recognizing the growth in this field most state and local bar. associations now have animal law section councils or committees. http aldf org animal law courses,Companion Animal Issues In Court. Animal Custody Disputes Divorce Replevin,Bites Prosecuting Defending. Consumer Fraud Sales of Sick Animals, Enforceable Trusts for Animal Beneficiaries Pet Trusts. Housing Disputes No Pet Policies FHA ADA, Veterinary Malpractice Reasonable Standard of Care. Wrongful Death Injury Negligent Intentional,State Laws Court Treatment Differs.
Copyright 2018 All Rights Reserved Page 6,Valuation Damages. Most companion animals have no market value, Animals mean more to their caretakers owners than to the person. responsible for the injury,What is the proper measure of damages. How can I prove value, Some states do provide non economic recovery for companion. New Jersey,District of Columbia, Other states have rejected non economic recovery e g Texas.
ACTUAL VALUE,Anzalone v Kragness IL death,actual value to owner. Leith v Frost IL injury,Cost to bring back to health. LOSS OF VALUE,Strickland v Medlan TX,Loss of value not loss of relationship. Anzalone v Kragness,356 Ill App 3d 365 1st Dist 2005. Plaintiff boarded her cat at a veterinary hospital. Employee of vet hospital took cat to exercise room but failed to securely. close the room door,Copyright 2018 All Rights Reserved Page 7.
Employee also took a Rottweiler dog being boarded at the vet hospital. to a nearby room,Dog ran into cat s room and killed cat. Counts for bailment negligence breach of fiduciary duty IIED was. dismissed against veterinary hospital,Leith v Frost. 387 Ill App 3d 430 4th Dist 2008,Case involved neighbors having 6 ft fences dogs. Daschund owners DO sued Husky owners HO when Husky dog. intruded yard of the neighbor attacked and badly injured the. HO knew his dogs made several prior attempts to dig under the fence. but claimed to have taken steps to prevent Prior escapes by Husky. named Cosmo occurred by breaking a plank and squeezing out HO. admitted to working a lot and not home much to see what dogs were. HO found negligent for failing to secure his dog Cosmo within the. confines of his backyard resulting in injury to plaintiff s dog. Strickland v Medlan,397 S W 3d 184 Tex 2013,The Medlans dog Avery escaped the family s yard. Animal Control picked up Avery and ACO Strickland put Avery on. euthanasia list by mistake, The Medlans sued Strickland for Avery s intrinsic value.
TX Supreme Court without legislative change would allow only. loss of value v loss of relationship,Valuation Damages. Zauper v Lababit 9th Cir BAP No WW 09 1020 1030 Doc. 000913070 Oct 8 2009 state court awarded 75K in default. but bankruptcy judge deemed only 1 non dischargeable. despite agreement that acts resulting in death of the plaintiff. creditor s cat were willful and malicious and allowing 0 for. Copyright 2018 All Rights Reserved Page 8, emotional damages This decision was reversed on appeal and. the 1 finding deemed clear error, Bluestone v Bergstrom Orange Cy Sup Ct No 00CC00796. 2004 jury awarded 30K for special value of a dog killed. through veterinary malpractice market value estimated at 0. Evers v Palmer Orange Cy Sup Ct No 773909 2000 bench. awarded 20K for veterinary malpractice resulting in injury to. Knowles Animal Hospital v Wills 360 So 2d 37 Fla App 1978. jury awarded 13K where dog required euthanasia following. injury at Florida animal hospital, Kennedy v Byas 867 So 2d 1195 Fla App 2004 appellate. court reversal of recovery for emotional distress where no. physical injury resulted from same, Burgess v Taylor 44 S W 3d 806 Ky Ct App 2001 jury.
awarded 50K compensatory damages for outrageous conduct. selling for slaughter horses owned by another, Ingwerson v Whitman Curry Cy Cir Ct No 01CV0230 2002. jury awarded 135K where neighbor poisoned four dogs. Snead v Society for Prevention of Cruelty to Animals of. Pennsylvania 929 A 2d 1169 2007 jury awarded 157 926 37. most of which was exemplary damages,Roemer v Gray No 45 09514 D Wash May 2 2005 bench. awarded 45 480 12 for death of cat default judgment. Sherman v Kissinger King Cy Sup Ct No 06 2 29605 2SEA. 2009 arbitration award of 22 300 for emotional distress and. intrinsic value of dog killed in veterinary procedure. Giurbino v Raschchuk King Cy Sup Ct No 07 2 33438 6KNT. 2008 arbitration from civil suit awarded 15K intrinsic value. and 15K emotional distress for wrongful and fatal shooting of. Degidio v Moore Pierce Cy Sup Ct No 07 2 11863 2009. arbitration award of 10K intrinsic value for young German. Copyright 2018 All Rights Reserved Page 9, Shorthair Pointer plus 2 675 cost of purchase and 4 000. cost of training where dog was fatally shot,Womack v von Rardon 135 P 3d 542 Ct App Wash 2006. bench awarded 5K for cat abducted by neighbor and set on fire. Lind v Airport West Animal Hospital Yakima cy Sup Ct No 06. 2 01093 0 2007 arbitration award of 5K for intrinsic value of. 7 mo old Italian Greyhound who died following escape from. veterinary hospital,How do I establish damages,Veterinary bills.
Accommodations during recovery,Additional unexpected expenses. o Human enrichment,Investments in Care,o Veterinary. o Enrichment items,o Grooming etc,Irreplaceable,EMOTIONAL DAMAGES NIED V IIED. NEGLIGENT INFLICTION,Gross recklessness or willful wanton conduct. May be limited,Veterinary Malpractice,We re Your Other Family Doctor.
Professional Malpractice, Did the veterinarian s actions fall below the reasonable. standards of care, May require review by qualified veterinarian in similar field. o Cost of Expert Review,Copyright 2018 All Rights Reserved Page 10. EXCEPTION common knowledge,o Amputate wrong leg,o Failed to administer O2. o Clearly wrong dosage of meds,Regulatory Reporting.
o State Licensing,o Disciplinary Hearing s,o CANNOT Use to Bargain in Civil Case. Other Claims,Conversion unauthorized surgeries etc. Fraud misrepresentation concealment common law,o Unlicensed. o Hid Mistakes from Client,Breach of Contract,o Liability Waivers. Public Policy,Absolve Own Negligence,Ordinary Negligence.
Spoliation Claims,Other Wrongful Injury or Death, Similar exposure to liability exists with other animal. professionals,o Boarding,o Grooming,o Training,o Dangerous Product. o Airline Mistake,Negligence Based,Liability Insurance. Additional damages can occur when incident is handled poorly. or attempts made to cover up the loss,Waivers Disclosures. Consumer Fraud,Valuation Damages,Copyright 2018 All Rights Reserved Page 11.
Mengarelli Case 11 L 147 Lake County IL, Entered Veterinary Hospital w 2 Small Dogs for Santa Paws. Large Dog Killed Small Dog Dolce and Knocked Mrs,Mengarelli to Ground. Trial Court Allowed Claims for Self Spouse but not for Dog. Dafnis 14 L 4161 Cook County IL, Allegations Veterinary Malpractice Fraud Misrepresentation. Inducement Concealment Humane Care for Animals Act. o Alternative Count for Negligence,510 ILCS 70 16 3. Sec 16 3 Civil actions Any person who has a right of ownership in an animal that is subjected to an act of. aggravated cruelty under Section 3 02 or torture under Section 3 03 in violation of this Act or in an. animal that is injured or killed as a result of actions taken by a person who acts in bad faith under. subsection b of Section 3 06 or under Section 12 of this Act may bring a civil action to recover the. damages sustained by that owner Damages may include but are not limited to the monetary value of the. animal veterinary expenses incurred on behalf of the animal any other expenses incurred by the owner. in rectifying the effects of the cruelty pain and suffering of the animal and emotional distress suffered by. the owner In addition to damages that may be proven the owner is also entitled to punitive or. exemplary damages of not less than 500 but not more than 25 000 for each act of abuse or neglect to. which the animal was subjected In addition the court must award reasonable attorney s fees and costs. actually incurred by the owner in the prosecution of any action under this Section. The remedies provided in this Section are in addition to any other remedies allowed by law. Animal Law The field of animal law encompasses not only companion animals commonly referred to as pets but also those animals living in the wild and animals used for entertainment food and in research Animal attorneys often seek to protect animals from abuse under

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