Burgess v. Shampooch Pet Industries, Inc.

131 P.3d 1248 (2006)

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Nature of the Case

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Facts

P took Murphy to D for pet grooming services. Two days prior, a veterinarian had examined Murphy and determined the dog was in good health. Murphy appeared healthy when P left her at D. P retrieved the dog and paid the $30 bill. Murphy was acting strangely and was limping. P immediately returned to the business and D denied any responsibility for Murphy's injury. Murphy underwent surgery to repair a dislocated hip. P incurred veterinary bills totaling $1,308.89. P filed a small claims petition for damages. Following a trial, judgment was entered for $1,308.89 plus court costs. D appealed. The district court ruled that 'a pet is different than a motor vehicle or a piece of machinery or other items of personal property in that a pet has no real market value.' D contends the damages awarded should be limited to Murphy's market value.