December 5, 2011 by Robert Tharp at 11:07:41 am
The Fort Worth Star-Telegram updates the plight of Avery, an 8-year-old lab mix: Spooked by a late-night thunderstorm, Avery escaped from his family's back yard in Fort Worth and was picked up by the city's animal control.
The Medlens found him at the shelter the next day, but through a series of slip-ups and errors -- from not having enough cash on hand to pick him up that day to having to wait until the vet could install a microchip in Avery's ear -- their dog was added to the euthanasia list and put to sleep. "It was a horrible time for us," said Katherine Medlen, who got Avery years ago from a homeless man giving away puppies. "I've never lost a family member or a pet before."
They took their case to court, saying they hoped to prevent something like this from happening to anyone else's pet, and landed a groundbreaking court ruling this month. A state appeals court in Fort Worth ruled for the first time that a pet's value is greater than its price tag. It has sentimental value as well.
That's the right result, says Ryan Clinton, a Dallas appellate attorney at the boutique Hankinson LLP. "In this decision, the court of appeals has recognized what all Texans already know: if someone intentionally poisons, shoots, or simply mistakenly euthanizes your pet, you are damaged by more than the mere monetary cost to replace the animal," he says. "The court got it exactly right based on Texas Supreme Court precedent recognizing that when something irreplaceable is destroyed, we should be compensated."
Law Firm News
Legal News
New Media
Miscellaneous
FrontBurner
Tex Parte Blog
WSJ Law Blog
Dallas Blog
Androvett Legal Media and Marketing