Nature of the Case
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Facts
Avery, a mixed-breed dog, owned by Ps, escaped the family's backyard and was promptly picked up by Fort Worth animal control. P went to retrieve Avery but lacked enough money to pay the required fees. The shelter hung a 'hold for owner' tag on Avery's cage to alert employees that Ps were coming for Avery and ensure he was not euthanized. Shelter worker P mistakenly placed Avery on the euthanasia list, and he was put to sleep. P and his two children learned of Avery's fate a few days later when they returned to retrieve him. Ps sued D for causing Avery's death and sought 'sentimental or intrinsic value' damages since Avery had little or no market value but was irreplaceable. D specially excepted, contending such damages are unrecoverable in pet-death cases. Ps amended their petition to drop the words 'sentimental value' but re-alleged damages for Avery's 'intrinsic value.' The case was dismissed with prejudice. The court of appeals reversed, becoming the first Texas court to hold that a dog owner may recover intangible loss-of-companionship damages in the form of intrinsic or sentimental-value property damages. The court said our more recent, non-dog property cases 'explicitly held that where personal property has little or no market value, and its main value is in sentiment, damages may be awarded based on this intrinsic or sentimental value.' The court of appeals declared 'the special value of 'man's best friend' should be protected.” P appealed.
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