Dog owners can recover medical costs in negligence suit against kennel, Georgia Supreme Court rules
The Georgia Supreme Court has ruled that the owners of a mixed-breed dachshund named Lola can recover the reasonable costs of her medical treatment as well as her fair market value in their suit against a boarding company accused of causing her fatal kidney failure.
But the court ruled in a decision (PDF) on Monday that Lola’s owners could not recover damages for her sentimental value, report Law.com, the Wall Street Journal Law Blog and the Atlanta Journal-Constitution.
“We agree with those courts which have held that the unique human-animal bond, while cherished, is beyond legal measure,” the court said.
Lola’s owners, Atlanta lawyers Robert and Elizabeth Monyak, had boarded their dogs at the kennel during a trip to France in 2012.
The Georgia Supreme Court said that opinion evidence of a dog’s attributes, such as its temperament, training and use, could be considered when determining a dog’s fair market value. The key, the court said, “is ensuring that such evidence relates to the value of the dog in a fair market, not the value of the dog solely to its owner.”
The Monyaks say they spent $67,000 on medical care for Lola at a specialized Florida animal hospital after the Barking Hound Village allegedly gave the arthritis medication for their mixed-breed Labrador retriever to the smaller dog. Lola suffered kidney failure and died nine months after the suit was filed.
The Georgia Supreme Court said that determining the reasonable cost of medical treatment is “well within the capability of jurors who routinely are asked to ascertain the appropriate value of professional services in other types of cases.”
The kennel had argued Lola’s owners should be able to recover no more than her fair market value.
A spokesperson for Barking House Village said in a statement that the kennel looks forward to showing at trial that its personnel did not cause any harm or damage to Lola. “We remain passionate and strongly committed to the quality care of all dogs,” the statement said.
