Opinion Allowing Sentimental-Value Damages Appealed
A defendant has asked the Texas Supreme Court to reverse a first-of-its kind opinion that allows a family to recover damages for the "sentimental value" of a dog.
In her Jan. 17 petition for review, Carla Strickland alleges the 2nd Court of Appeals' opinion in Strickland v. Medlen, et al. creates a new loss-of-companionship cause of action for a pet's death and therefore should be reversed on public policy grounds. [ See the petition . ]
But the lawyer for the Medlen family, whose dog Avery was euthanized in 2009, says the 2nd Court's decision does not create a new cause of action, because pet owners have been able to sue for the loss of a dog for more than 100 years.
According to the Nov. 3, 2011, opinion by Fort Worth's 2nd Court, the background in Medlen is as follows: In 2009, Kathryn and Jeremy Medlen's dog Avery escaped from their backyard and was picked up by animal control. Jeremy went to the animal shelter but did not have enough money to pay the fees. He was told he could return the next day, and a "hold for owner" tag was placed on Avery's cage, notifying the shelter employees that Avery was not to be euthanized.
Despite the "hold for owner" tag, Avery was put down the next day. When the Medlens returned to the shelter to pick up Avery, they learned what had happened.
The Medlens sued Strickland, an employee at the shelter, alleging her negligence proximately caused Avery's death. They sued for "sentimental or intrinsic" damages, because Avery had little or no market value and was irreplaceable.
Strickland objected to the Medlens' claims for damages on the ground that such damages are not recoverable for the death of a dog. The trial court dismissed the Medlens' suit for failure to state a claim for damages recognized by law — a ruling the Medlens appealed to the 2nd Court.
Sue Car Insurance - News
New Jersey legislators have introduced more than a dozen bills related to car insurance this session, reports Online Auto Insurance News. January 25, 2012 /24-7PressRelease/ -- About seven pieces of legislation introduced to the New Jersey Legislature
But the lawyer for the Medlen family, whose dog Avery was euthanized in 2009, says the 2nd Court's decision does not create a new cause of action, because pet owners have been able to sue for the loss of a dog for more than 100 years.
While I do think something needs to be done about dirty hits in hockey that cause injury - this insurance issue is a crock. Why don't they go after the culprit instead, and like auto accidents assess fault and sue. That would certainly clean up the
Nicola Sue Kenseth passed away January 31st following a brave and lengthy battle with Early Onset Alzheimers Disease. Our sincere condolences goes out to the entire Kenseth family during this truly sad time. You could get van insurance for as little as
The cyclist who had a run-in with Shane Warne this month has revealed his identity and his intention to sue the cricket legend. Spin king Shane Warne's irate outburst on Twitter about his run-in with a cyclist in Melbourne is what prompted the cyclist
In Pa can you sue a parent of a Minor who has a car ... - Car Insurance
Not sure check with your insurance company and see what they say.
I live in Alabama and when I was 16 a friend lived with me b/c her dad kicked her out. Im not sure if she was driving or if I was but, I took the blame. However, I/we hit a man head on and totalled both vehicles. The man just wanted his property replaced and make sure we were ok. The girl in the car with me her dad or whatever sued my dad. The truck was in my dads name and I was on there insurance so he tried to sue them. The lawsuit was dropped though because the girl never showed up. I guess it depends on the state and insurance.
You can try. Your best bet in a lawsuit is to name all parties possible. This includes the driver, the drivers parents if they are in any way a dependant (even if over 18), the owner of the vehicle and anyone else possibly involved.
Be careful though. In most states the insurance that applies is the one on the vehicle. If the policy limits are maxed out, you may not be able to get any more money from the responsible party. Courts are often times reluctant to take someones house, even in the circumstance of a fatality.
Remeber, a lawyer will take 1/3 of any settlement you get. So if the Ins Co. offers the policy limit, and you sue for more, but dont get any additional, you just lost 1/3 of what you would have had to YOUR attny.
Yes, you can sue for anything. Now, will you win? Dunno. I’ve seen this case, though – a 22 year old with a history of driving drunk, who lived at home, took the parents car, WITH PERMISSION, and paralyzed someone. Parent’s ended up losing in court, as they negligently entrusted their vehicle to a person with a history of driving drunk.
So, if the kid killed someone because of losing control of the car on ice or something, your chances of winning aren’t good. But if they were driving drunk, or dragracing or something, you could very well win.
One more thing . . . the deceased driver – if he had underinsured motorist coverage, his estate should be able to collect the policy limit under his policy.
Don't hit me with your car. I WILL sue yo insurance loll
@ u run over me with ur car, ill sue ur insurance and then we split it and u get ur tennessee season tix 
i love my rental car, like id the man insurance just gives me this car i won't even sue no more lol
Lmao. RT @ Another way to get money...get in a car wreck!! Then Sue the persons insurance!
Another way to get money...get in a car wreck!! Then Sue the persons insurance!