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Barking Hound Village, LLC et al.v.Robert Monyak et al.

CourtCourt of Appeals of Georgia
Docket No.A14A1960
DecidedMarch 30, 2015
Reporter331 Ga. App. 811; 771 S.E.2d 469
JudgesCourt of Appeals of Georgia, First Division; Chief Judge Phipps, Presiding Judge Ellington, and Judge McMillian; Chief Judge Phipps authored the opinion
Tags
CivilTort LawNegligenceDamagesProperty LawFraudSummary Judgment
Case Summary

Robert and Elizabeth Monyak sued Barking Hound Village and its manager, alleging that the kennel gave their dachshund medication prescribed for their other dog; the dachshund later developed acute renal failure and died. In the kennel defendants’ interlocutory appeal, they challenged the denial of summary judgment and the trial court’s proposed measure of damages for a dog with little or no market value. The Court of Appeals held that reasonable veterinary and related treatment expenses could support recovery under the then-applicable “actual value to the owner” rule, but non-economic or sentimental value could not. It affirmed the ruling allowing evidence of reasonable treatment expenses, reversed the allowance of non-economic intrinsic-value evidence, and remanded for further proceedings.

Opinion

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