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
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?”