It’s bad enough that Barking Hound Village — an upscale day care and boarding facility with locations around Atlanta — is defending itself in Georgia’s Supreme Court by arguing, in part, that a dog that died after being in its care was “worthless.”
What’s even scarier, and more hypocritical, are the organizations that are agreeing with that.
When the case went before the state’s highest court yesterday among the documentation the judges had to consider was a friend of the court brief, filed by the American Kennel Club, the Cat Fanciers’ Association and the American Veterinary Medical Association — all agreeing pets are mere “property” and that courts should award no more than “market value” in cases involving their deaths.
Yes, Barking Hound Village, at least on its website, professes to love your dog — and clearly has no problem charging you $60 a night for said dog to stay in its “presidential suite.”
And yes, veterinarians have no problem with you spending tens of thousands of dollars on your sick dog.
And, for sure, the American Kennel Club is only too happy to see the price of dogs go up, up, up — at least the provably purebred ones whose owners have registered them with the organization.
But your average, paperless pet, in the view of all those “pet-loving” organizations, is worth nothing — at least according to the friend of the court brief.
Lola’s owners allege Lola was given medication she wasn’t supposed to receive, and it ultimately led to her death.
Barking Hound Village denies that it is responsible for Lola’s death. And even if it were, its lawyer argue, Lola’s owners should not recover anything more than the dog’s market value — in Lola’s case, since she was adopted from a rescue, exactly zero dollars.
“Their position is that a dog is like a toaster — when you break it, you throw it away and get a new one,” Elizabeth Monyak told the Atlanta Journal-Constitution. “A dog is indeed property under the law, but it’s a different kind of property.”
She and husband Bob Monyak spent $67,000 on veterinary expenses, including regular dialysis treatments for Lola.
Neither are strangers to the courtroom. She works for the state attorney general’s office. He’s also a lawyer, specializing in defending medical malpractice and product liability lawsuits. He argued Lola’s case before the justices on Tuesday.
Both sides have their supporters.
In the brief filed by the AVMA and AKC, the groups argued that considering a pet’s emotional value will lead to exorbitant amounts being awarded to pet owners in wrongful death lawsuits. And that, they all but threaten, would lead to bad things.
“Concerns over expanded liability may cause some services, such as free clinics for spaying and neutering, to close,” the groups said. “Shelters, rescues and other services may no longer afford to take in dogs and other pets … Fewer people will get pets, leaving more pets abandoned in shelters to die.”
The Animal Legal Defense Fund filed a brief in support of the Monyaks. It cited industry studies showing U.S. pet owners spent $58 billion on their animals in 2014, including $4.8 billion on pet grooming and boarding.
“It is hypocritical for these businesses, including (Barking Hound Village), to exploit the value of the human-companion bond, while simultaneously arguing that the same should be unrecoverable when that bond is wrongfully — and even intentionally — severed,” the ALDF said.
The Monyaks boarded Lola and their other dog, Callie, at Barking Hound Village in 2012. At that time, Callie had been prescribed Rimadyl, an anti-inflammatory for arthritis. The Monyaks contend the kennel incorrectly gave the Rimadyl to Lola.
They further allege that Barking Hound Village knew that a medication error had occurred during Lola’s stay, and the kennel covered it up by destroying evidence and withholding critical information.
They seek to recover expenses for Lola’s veterinary treatment as well as for the value Lola had to their family.
Barking Hound Village denies any wrongdoing. It says both dogs were fine when they left the kennel. And attorneys for the kennel said this in court filings:
“The purchase price of the dachshund was zero dollars, the rescue dog never generated revenue and nothing occurred during the Monyaks’ ownership of the dog that would have increased her market value. The mixed-breed dachshund had no special training or unique characteristics other than that of ‘family dog.’”
We hope the Georgia Supreme Court uses the case of Lola to send a message to those who see dogs as mere “property.”
And we’d love to see an answer to this question, from the kennel, from the AVMA and from the AKC:
If our dogs are so “worthless,” how do you explain the fact that you are getting so rich off of them?
(Photos: Top photo by Branden Camp, from the Atlanta Journal-Constitution; photo of Lola provided by Monyak family)
Posted by John Woestendiek January 20th, 2016 under Muttsblog.
Tags: akc, american kennel club, american veterinary medical association, animals, arguments, avma, bob monyak, brief, case, cat fanciers, dachshund, dog, dogs, elizabeth monyak, georgia, hypocrisy, law, legal, lola, pets, property, supreme court, value, worth, worthless
It occured to me, when I heaved open the heavy metal door to the storage unit that has held most of my possessions for the past eight months — unveiling disarray, peppered with mouse poop – that what was revealed wasn’t just a metaphor for my life.
It was my life — up to now — in a box.
Virtually all my worldly possessions, except my dog — and, though he’s worldly, I don’t really possess him — are in there.
Cash value? Not much. Emotional value? Depends on which box you open. Overall importance? Given the fact that I didn’t miss any of it in eight months, next to nothing.
But when I moved out of my house in Baltimore to hit the road with my dog last May, I packed it all, and hauled it all, and stacked it all and secured it all with big strong lock.
Because, for me to be truly liberated, all my stuff had to be incarcerated.
We in the free world are slaves to our stuff. We are slaves to our jobs, which allow us to get more stuff. We are slaves to our mortgages, and utility bills, and the Internet and other technology we grow to depend on. Most of all, we are slaves to health insurance.
That, maybe more than anything — especially for those 40 and above — is why we stay in jobs we hate. Sometimes we hate them so much it makes us physically sick — especially when our workload quadruples so that stockholders can get a second yacht. But that’s OK because we have health insurance.
Unable to afford both health insurance and housing, I’ve opted to go with an alternative health plan whose protocol will be followed in the event of serious illness. It’s known as CIACAD (Crawl Into A Corner And Die.)
For my dental plan, I’ve chosen LTARAFO (Let Them All Rot And Fall Out).
For vision — it being more important than to me than life or chewing — I’ll likely pay my own way, as opposed to going with SAGAMG (Shutup And Get A Magnifying Glass).
I need to check into all these health insurance reforms, but my guess is whatever Obama-care benefits might apply to me probably, with my luck, are scheduled to kick in the day after I die.
But this post isn’t about death. It’s about life, and how we choose to live it — and how that, for most of us, is in a really big box, divided up into smaller boxes, some with plumbing and appliances, and all, of course, filled with stuff.
I started off loading it in a very organized manner, but running out of time, sped up to the point that much of it isn’t organized at all. Some boxes are labeled; others are mysteries. There are many boxes that say books, but there are only four or five books I need right now, and going through 20 boxes to find them – all of course trapped back at the very rear of the unit — would be a real time absorber.
So how is my storage unit a metaphor for my life?
First, it’s in disarray. I’m guessing an x-ray of my brain would look a lot like the inside of my storage unit. My stuff is not organized, not immediately locatable. My stuff is in limbo. My stuff, like me, has no idea where it will be a year from now.
There are some treasures in there. A baseball with Willie Mays’ autograph; photos of my son arriving from Korea; the goofy white cap I had to wear at my first job, selling burgers; my Pulitzer Prize (it’s just a sheet of paper); yellowed newspaper stories written nearly 35-plus years ago.
There are four or five boxes of strictly sentimental value. They contain memories. But I don’t remember where they are.
The stuff I need — certain books, forks, long underwear — are all buried somewhere at the back of the unit. The stuff I have no use for right now – my bicycle, golf clubs, tennis rackets — are all right at the front.
Part of me thinks it would be nice to have a place of my own, where I could unpack my stuff and organize it and live amongst it. Part of me thinks that would again make me a slave to my stuff, and all those previously mentioned other things that tie us down.
Here is what I am wondering — after the eight months Ace and I lived in a boat, trailer, tent, my car, cheap motel rooms, and the homes of friends and strangers as we traversed the U.S.:
Is what’s stuffed in that big metal box my life? Or, is my life over there, down that road winding into the horizon?
Do we treasure our past and present to the point that we shortchange our future? Is it possible, for those eking out an existence — as opposed to rolling in money — to have both security and adventure? Is it possible to properly nourish relationships with friends and family — in more than a superficial Facebook kind of way — without living right where they live?
In a way, it should be less complicated for me, having no “partner,” except for my big fuzzy one; having not just an empty nest, but no nest at all.
I should be able to figure this out.
If you’re wondering who that woman is in the back of the storage unit, that’s my beer sign lady — a cardboard cut-out, who, like much of my furniture, I rescued from a Dumpster. I picked her up last winter, but, in the months that followed, found her a bit one-dimensional and not at all good at conversation.
When I moved my stuff into storage, I assigned her the task of watching over it all.
She did a lousy job.
Somehow, all my (mostly) neatly stacked boxes started leaning, and teetering, and falling. She did nothing, and apparently wasn’t much help in scaring visiting mice away.
I think, when I finally do locate myself, I will get rid of her.
The bigger decision, though, is where I belong — warmly ensconced in a home of my own, or among the realm of vagabonds, like those RV nomads who kept their wanderlust in check until retirement kicked in and have been happily rolling along ever since?
When the road calls again, and I’m sure it will, will I answer?
Posted by John Woestendiek January 18th, 2011 under Muttsblog.
Tags: ace, adventure, america, animals, baltimore, beer, belongings, box, boxes, cardboard, decisions, dogs, health insurance, home, lady, liberated, life, lifestyles, memories, organize, pets, possessions, road trip, rv, security, sentimental, sign, slaves, storage, storage unit, stuff, things, travel, travels with ace, vagabond, value, values, wanderlust
The value of Bo — a gift to the president from the late Sen. Ted Kennedy — was listed on annual financial disclosure forms the White House released Monday, according to the Associated Press.
Dollar-wise, the Portuguese water dog, was a mere drip compared to the president’s other income, including royalties from his books, “Dreams From My Father” and “Audacity of Hope,” which brought in between $1 million and $5 million each.
In addition to his $400,000 annual salary, Obama listed a number investments which, including those held jointly with his wife, were worth between $2.2 million and $7.5 million in 2009. His Nobel Peace Prize carried a $1.4 million award, but the president donated that to charity.
(Official White House Photo by Pete Souza)
Posted by John Woestendiek May 18th, 2010 under Muttsblog.
Tags: animals, barack obama, bo, bo obama, bobama, disclosure, dog, dogs, financial, first family, gift, income, news, obama, ohmidog!, pets, portuguese water dog, president, ted kennedy, value, white house
After three years of litigation and $40,000 in legal fees, who gets Dexter — a six-year-old pug at the center of a New Jersey custody case — has been decided.
Dexter, the Philadelphia Inquirer reports, will be shared.
Under a New Jersey Superior Court judge’s ruling yesterday, the dog will be rotated, every five weeks, between the homes of Eric Dare, who was originally awarded custody of the dog, and his ex, Doreen Houseman, who sued to get Dexter back.
Dexter has been with Dare since the initial court ruling, filed after the couple ended their relationship in May 2006. They spent 13 years as a couple, but never married.
An appeals panel earlier this year reversed the original ruling by Judge John Tomasello, saying the judge had failed to consider Dexter’s “subjective value.”
The panel said the dog was similar to a family heirloom, or work of art, that cannot simply be awarded to one person in exchange for a face-value payment. Houseman was paid $1,500, the price of the pedigree dog, but she wanted the pet, which she frequently dressed in costumes and lavished with gifts.
Both live in Gloucester County, N.J.
Houseman, 35, who now lives with her parents, said she was “very happy” with the ruling and can’t wait to give Dexter “a lot of hugs and kisses” when she sees him Friday. Dare, 37, said he was shocked and may appeal the ruling.
Posted by John Woestendiek September 22nd, 2009 under Muttsblog.
Tags: custody, decision, dexter, doreen houseman, eric dare, gloucester county, judge, lawsuit, legal, new jersey, news, pug, ruling, shared, subjective, value
A lawsuit headed to court next week in Arlington County, Virginia will take up the question of what a pet’s life is worth.
Jeffrey Nanni sued his former domestic partner, Maurice Kevin Smith, alleging that Smith killed their 12-pound Chihuahua, Buster. Smith was found guilty of assault and battery and cruelty to animals in connection with the incident. Since Buster’s death, the suit says, Nanni, 42, a paralegal, “continues to suffer severe emotional distress.”
The suit, according to a story in Monday’s Washington Post, asks that monetary damages be awarded on the basis of Buster’s worth to Nanni “as a companion animal.”
If he wins, the case would be groundbreaking one in Virginia, where state law says that dogs and cats are considered property, and that owners are entitled to recover only the value of a pet. In the past, that has been interpreted to mean the replacement value.
Nanni’s attorney, a White House counsel for President Bill Clinton, hopes to move the boundaries of Virginia law in asking a jury to award money for “Buster’s actual value” to Nanni, saying pets have “irreplaceable relationships” with their owners.
Posted by John Woestendiek August 19th, 2009 under Muttsblog.
Tags: animal cruelty, arlington circuit court, arlington county, buster, chihuahua, dog, dogs, emotional distress, jeffrey nanni, killed, law, lawsuit, maurice kevin smith, monetary damages, pet, pets, pricetag, replacement, value, virginia, worth
A Wall Street Journal columnist posed that question recently after hearing from a “sizable” pack of angry readers who took him to task for lamenting how much of his paycheck was being gobbled up by medical care for his dogs.
Neal Templin, author of the Journal’s “Cheapskate” column, focused on his beagle in the original column, and recent vet visits that set him back more than $1,000 each — one of which was to treat his dog for injuries received after he escaped from home and was hit by a car.
“Your dog-owning incompetence is matched only by your lack of journalistic and personal integrity in not taking responsibility for … allowing the dog to escape in the first place,” one reader wrote Templin. “If your dog liked you he probably wouldn’t escape or howl.”
Templin noted that dogs are becoming family — not just backyard denizens.
“When I grew up in the 1960s, you took your dog to the vet for shots or perhaps to have a broken leg set. But if a dog got really sick, it died.
“It’s different today. Vets do aggressive cancer surgery and hip replacements. They pump dogs full of expensive drugs for various maladies. In short, dogs get many of the same procedures we humans get. But it’s not cheap, and if it’s anything like human medicine, it’s going to get more expensive as vets take increasingly sophisticated and heroic measures to keep dogs alive.”
So the answer to the question Templin poses in his aptly-named column depends not on the dog, but on the human that owns it — and on that human’s priorities.
“There are many who think burning 18 grand to keep a dog around for six or 12 extra months is madness,” a Massachusettshe man wrote. “Sometimes I think so, too. But my wife died from lymphoma two years ago, and I have no children. What am I going to do, buy a bigger television set?”