Weekly Law Resume - June 2, 2011: Torts - Owner of Injured Pet With Little Market Value Can Recover Reasonable Damages


Kevin Kimes v. Charles Grosser, et al. Court of Appeal, First District (May 31, 2011)

Pets are considered property of their owners. This case deals with the issue of whether damages can be awarded for a wrongful injury to a pet animal with little or no market value.

Plaintiff Kevin Kimes' pet cat Pumkin was shot with a pellet gun, while perched on a fence between Kimes' property and the property of Defendant Charles Grosser. Kimes incurred $6,000 in emergency surgery to save Pumkin's life. However, the surgery left Pumkin partially paralyzed. Kimes then spent an additional $30,000 in expenses caring for Pumkin because of the injury. Kimes filed suit against Grosser, alleging that Grosser's family willfully shot Pumkin. Kimes sought to recover the amounts paid for Pumkin's care as a result of the shooting, and punitive damages.

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