BURGESS V. SHAMPOOCH PET INDUSTRIES, INC.
131 P.3d 1248 (2006)
NATURE OF THE CASE: Shampooch (D) appeals the trial court's award of $1,308.89 in
compensatory damages to Burgess (P) for injuries to her 13-year-old Yorkshire terrier, Murphy.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment