Ohio Ag Connection - Ohio Court Remands Toledo Dog Case

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Ohio Court Remands Toledo Dog Case
Ohio Ag Connection - 10/26/2016

The 6th District Court of Appeals has seemingly placed a higher value on companion animals, with some calling it a blurring of the pets-are-property line.

The court recently remanded a 2015 civil suit over an injured dog back to Toledo Municipal Court for a hearing on damages awarded in the case by determining "substantial justice was not done" by the trial court in awarding the plaintiff only $400 -- or the dog's market value -- at the end of 2015.

"We agree with and acknowledge that pets do not have the same characteristics as other forms of personal property, such as a table or sofa which is disposable and replaceable at our convenience," the three-judge panel wrote in last week's decision.

The original lawsuit filed in municipal court in April 2015, showed plaintiff Jamie Rego of Toledo spent more than $10,000 in veterinary care for the family dog after the "pit bull" puppy was attacked by an adult dog.

"I can't put a value on him," said Rego of Kingston, now 2 years old. "He's not an object, he's a living animal," she told the Toledo Blade.

At 5 months in November 2014, Kingston was seriously injured by his father, a "pit bull" named Nino owned by Shawn Madalinski. The pup had been visiting Madalinski's Toledo home with the two children Rego and Madalinski share.

Nino attacked his offspring, causing three broken legs and numerous puncture wounds. Rego said veterinarians determined Kingston would heal and retain a good quality of life with surgery. Bills for emergency treatment, hospitalization, orthopedic surgery, and other veterinary care totaled $10,731.

Rego originally sought $15,000 in damages to pay for the expenses plus any necessary future care stemming from Kingston's injuries. The postappeal damages hearing in municipal court has not yet been scheduled, The Blade reports.

Madalinski said he took Nino to a veterinarian to be killed last year at his insurance company's request.

He said though he is named as the defendant, the lawsuit is primarily between Rego and the insurance company. He said he has been largely uninvolved in the case aside from giving a deposition.

Todd McKenna, Madalinski's claims attorney with American Family Insurance in Columbus, did not return a phone call from The Blade seeking comment.

Pets are legally considered personal property in Ohio. Compensation for damages to personal property are generally limited to fair market value or the cost of repairs, whichever is less, said Rego's attorney, David Rice of Churchill, Smith, Rice, Swinkey & Kuhn in Temperance.

"A dog is not like most items of personal property," Rice said.

The appeals court and Rice noted there have been numerous cases in Ohio and across the country where veterinary expenses were included in economic damages awarded to pet owners.

"It certainly is logical to expect that a dog owner is going to take a dog to the veterinarian and seek veterinary care," Rice said. He noted that if Kingston had died before being treated, Rego would be entitled to only his market value.

In its decision, the appeals court was clear that Rego cannot receive compensation for noneconomic damages.

A few states do provide for some monetary compensation for emotional damages. Tennessee, for example, allows up to $5,000 to be awarded to dog and cat owners for "the loss of the reasonably expected society, companionship, love, and affection of the pet."

While the law is evolving and a majority of case law now favors compensation for veterinary expenses, Rice does not see a trend toward granting relief for pet owners' emotional strife.

"That would be a big stride, and I don't foresee it evolving to that degree anytime soon," he said.

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