Nature of the Case
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Facts
Monyak (D) boarded Lola, their 8½-year-old dachshund mix, for ten days at a kennel owned by D and managed by William Furman. D also boarded their 13-year-old mixed-breed Labrador retriever, Callie, who had been prescribed an anti-inflammatory drug for arthritis pain - medication which D gave to kennel personnel with directions that it be administered to Callie. Three days after picking up the dogs, Lola was diagnosed with acute renal failure. Despite receiving extensive veterinary care over a nine-month period, including kidney dialysis treatment, Lola died in March 2013. P sued Ds alleging that while boarded at the kennel Lola was administered toxic doses of the medication prescribed for Callie, a much larger dog. D sought compensatory damages, including over $67,000 in veterinary and other expenses incurred in treating Lola. In addition, alleging fraud and deceit on the part of Ds, P sought litigation expenses and punitive damages. Ds moved for summary judgment asserting that the measure of damages for the death of a dog was capped at the dog's fair market value. D failed to prove Lola had any market value; thus their claims were barred as a matter of law.
Ds moved for summary judgment asserting that the measure of damages for the death of a dog was capped at the dog's fair market value. D failed to prove Lola had any market value; thus their claims were barred as a matter of law. The trial court held P would be permitted to present evidence of the actual value of the dog. This could be demonstrated by reasonable veterinary and other expenses incurred in her treatment, as well as evidence of noneconomic factors demonstrating the dog's intrinsic value. The Court of Appeals granted Ds' application for interlocutory review. The Court of Appeals affirmed the trial court's ruling rejecting a market value cap on damages. Ds appealed.
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