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Oberschlake v. Vet. Assn. Animal Hosp.
Citations: 785 N.E.2d 811; 151 Ohio App. 3d 741Docket: C.A. Case No. 2002-CA-44, T.C. Case No. 01-CV-0488.
Court: Ohio Court of Appeals; February 27, 2003; Ohio; State Appellate Court
"Poopi," a dog, was the subject of a lawsuit filed by her owners, Sean and Melissa Oberschlake, after a veterinary malpractice incident in March 2001 at Veterinary Associates Animal Hospital. While under anesthesia for a dental cleaning, Poopi was mistakenly spayed, resulting in a three-inch incision on her abdomen. The Oberschlakes sought damages for Poopi's physical and emotional suffering, as well as for their own emotional distress, alleging veterinary malpractice, negligent infliction of emotional distress, and loss of companionship. The defendants, the Animal Hospital and Dr. Christian Hurst, moved to dismiss the claims, arguing that under Ohio law, dogs are considered personal property and that non-economic damages related to personal property are not permitted. The trial court agreed and dismissed the claims for emotional distress and loss of companionship. The veterinary malpractice claim went to arbitration, resulting in a $104.28 award plus arbitration fees for the Oberschlakes. The Oberschlakes appealed, contending that the trial court erred in dismissing their claims. However, the court found their assignment of error without merit, reiterating that the current law classifies dogs as personal property and does not recognize non-economic damages for such property. The court noted that while a legal change could eventually occur, it was not appropriate in this case, as the Ohio legislature has clearly defined the status of dogs under R.C. 955.03. The court emphasized that damages for loss of personal property typically reflect market value, which is often negligible for pets, referencing prior case law that supports this standard. The court affirmed that market value is the standard for assessing damages but acknowledged that the owner's standard of value could apply in exceptional cases. In this instance, the court applied the owner’s value standard due to the dog's special pedigree and extensive training, indicating that a similar dog was not available on the market. However, the court clarified that sentimental value does not factor into damage assessments for animals. The awarded damages covered the loss of the animal and potential stud fees. The complaint regarding Poopi, a Miniature Poodle, did not establish unique attributes or exceptional circumstances, as Poopi was spayed and not used for breeding. Thus, the case was deemed comparable to typical pet injury situations caused by veterinary negligence, limiting damages to the costs incurred from the improper surgery without including emotional distress or suffering. Plaintiffs argued for changes in tort law to recognize the emotional bond between humans and animals and to allow recovery for non-economic injuries, citing that the wrongful killing of a companion animal causes injury akin to the loss of a family member. They criticized the current legal framework, which treats animals as property, arguing it unfairly limits recovery for emotional damages. They referenced Corso v. Crawford Dog and Cat Hospital, which recognized a pet's unique status between personal property and a person, but this view has been largely rejected in favor of the prevailing legal classification of pets as personal property in Ohio. Consequently, the court rejected the notion of recognizing non-economic damages for companion animals and noted that Ohio law only permits emotional distress claims for bystanders who witness an accident, requiring the emotional injury to be severe and debilitating. The Ohio Supreme Court defines serious emotional distress as an emotional injury that is severe and debilitating, which a reasonable person would be unable to cope with adequately. In the current case, the Oberschlakes were not bystanders, as they left their dog at a veterinary hospital and were not present during the surgery. The court reiterated that a bystander is someone at the scene of an event, not an individual who is detached from it. Emotional distress stemming from shock over improper surgery does not meet the threshold for negligent infliction of emotional distress under Ohio law, which would also not support non-economic damages in this instance. Additionally, claims made on behalf of the dog, Poopi, for emotional distress are not viable; while animals can experience pain, they cannot recover for emotional distress or other direct claims. Although a related case suggested dog owners might claim intentional infliction of emotional distress under specific circumstances, the present case does not qualify. The court emphasized that any mental anguish claimed must be extraordinarily severe, and even with a strong bond between humans and pets, proving such distress is challenging. Furthermore, no Ohio authority permits recovery for loss of companionship of animals, a stance echoed in other jurisdictions. Public policy issues identified include difficulties in defining who qualifies for recovery and the potential for excessive litigation. Thus, the trial court's dismissal of the claims for negligent infliction of emotional distress and loss of companionship was upheld. The court affirmed its judgment with no error found.