Dog's life has 'intrinsic value,' New York judge finds.
Finding that a dog "is somewhere between a person and personal property," a New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of trial court said a pet owner whose dog died following unauthorized surgery may seek damages beyond the purchase price of the animal.
In 1989, Herbert Erwin took his five-year-old registered mastiff mastiff (măs`tĭf), breed of very large, powerful working dog developed in England more than 2,000 years ago. It stands from 27 to 33 in. (68.6–83.8 cm) high at the shoulder and weighs from 165 to 185 lb (74.9–83.9 kg). to the Animal Medical Center in the Bronx for treatment of an infected callus callus: see corns and calluses.
In botany, soft tissue that forms over a wounded or cut plant surface, leading to healing. A callus arises from cells of the cambium. on the dog" leg. The veterinarian veterinarian /vet·er·i·nar·i·an/ (vet?er-i-nar´e-an) a person trained and authorized to practice veterinary medicine and surgery; a doctor of veterinary medicine.
n. told Erwin the callus could be surgically removed or it could be treated by draining it. Erwin opted for the latter, explicitly rejecting surgical treatment, according to court documents.
Erwin left his dog with the veterinarian for treatment. Instead of draining the sore, the veterinarian anesthetized a·nes·the·tize also a·naes·the·tize
tr.v. a·nes·the·tized, a·nes·the·tiz·ing, a·nes·the·tiz·es
To induce anesthesia in.
a·nes the dog and surgically removed the callus. The dog died the next day due to complications from the anesthesia.
The dog owner asked another veterinarian in the office to perform an autopsy, and he asked that the dog's body be retained so he could collect it. No autopsy was performed, however, and the body had been disposed of by the time Erwin came to pick it up.
Erwin sued the veterinary practice for negligence, breach of warranty Ask a Lawyer
Country: United States of America
Probably contract law; I live in Michigan; I ordered a used transition from a company in TX. This part is used; I know it's a crap shoot as to how good it is. , and loss of companionship. He also sought emotional distress emotional distress n. an increasingly popular basis for a claim of damages in lawsuits for injury due to the negligence or intentional acts of another. Originally damages for emotional distress were only awardable in conjunction with damages for actual physical harm. damages since the veterinarian failed to perform the autopsy and disposed of the body despite his wishes. (Erwin v. Animal Medical Center, No. 2603/95B (N.Y. Civ. Ct. Aug. 21, 1996).)
Bronx County Civil Judge Karen Smith threw out all but the negligence claims. No trial date was set to resolve them.
Smith ruled that New York's warranty statute applies to "goods," not rendered services and that loss of companionship and emotional distress damages cannot be claimed for the loss of personal property, which a dog is considered under New York law.
On the negligence claims, the defendant argued that, if damages are awarded, they must be limited to the fair market value of the dog. The court disagreed, citing previous cases where a pet's "intrinsic value Intrinsic Value
1. The value of a company or an asset based on an underlying perception of the value.
2. For call options, this is the difference between the underlying stock's price and the strike price. " may be considered.
"[A dog] is not an inanimate thing that just receives affection; it also returns it," the court wrote, citing Corso v. Crawford, 97 Misc. 2d 530 (N.Y., Queens County Civ. Ct. 1979).
Smith, referring to still other cases, said a jury may also consider the dog's age, health, breed, training, usefulness, and any special traits of value, such as its guarding ability, when setting damages. "Depreciation," however, cannot be considered because "a good dog's value increases rather than fails with age and training," the court held.