Mcdougall v. Lamm

48 A.3d 312 (2012)

Facts

P was walking her dog when a large dog belonging to D ran out, grabbed P's dog by the neck, and picked it up and shook it several times before dropping it, causing the death of P's dog. P bought the dog as a puppy for $200 in 1997 and believed a new puppy would cost $1,395. P also alleged she suffered significant emotional distress, but the trial court dismissed the emotional distress claim, observing that the law categorizes dogs as a form of personal property and there is no cause of action for emotional distress claim based on property loss. The court awarded $5,000 to compensate P for the replacement cost of the dog and the loss of a well-trained pet. P appealed. The court of appeals affirmed. P appealed.