Marsalis v. Lasalle

94 So. 2d 120 (1957)

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Nature of the Case

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Facts

Marsalis (P) was bit by Lasalle's (D) son's cat. P was in D's store at the time. D was supposed to keep the cat locked up for fear of rabies, but neglected to do so. D claims that he was not supposed to keep it locked up. P wanted the cat locked up so she could have time to see if she had rabies. If the cat were allowed to wander around the neighborhood, P would never know if she had rabies without undergoing traumatic tests. Five days after the bite, the cat escaped the store and was missing for a month. The cat was tested after its return and showed no evidence of ever having had rabies. In the meantime, P had undergone extensive treatment, including several injections. P was allergic to the serum used and suffered a severe reaction. P sued for personal injuries, seeking reimbursement of the cost of medical treatment. P received judgment. D appealed.