2014 Ohio 3277
Ohio Ct. App.2014Background
- Davisons leased property Cottage Hill Farm in Kirtland, Ohio, and their 14-year-old black Labrador Thai was allowed to wander the premises with landlord consent.
- Thai wandered morning of November 21, 2011 and did not return; he was later found dead in the woods having been shot.
- A criminal investigation ensued; Parker confessed to killing Thai and was convicted under R.C. 959.131(B) and Kirtland Codified Ordinance 672.12(A).
- Davisons sued Parker for damages including conversion, intentional and negligent infliction of emotional distress, negligence, loss of companionship, and punitive damages.
- The trial court granted summary judgment on several claims and held that the damages should be measured by market value as for personal property, citing R.C. 955.03 and Ohio law.
- Davisons appeal arguing market value is not the proper measure for a unique companion animal and that the dog’s value exceeds mere market value.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether market value is the proper damages measure for destruction of a companion animal | Davisons contend Thai’s value is non-economic and not captured by market value | Parker relies on dogs being personal property and market value as the standard | Market value applies; no recognized non-economic damages for pets under current law. |
Key Cases Cited
- McDonald v. Ohio State Univ. Vet Hosp., 67 Ohio Misc.2d 40 (Ohio Misc. 1994) (dog as personal property; market value generally used; exceptions allowed in limited cases)
- Sokolovic v. Hamilton, 195 Ohio App.2d 406 (8th Dist. 2011) (recognizes dog as personal property; no noneconomic damages for property unless specific exceptions)
- Bishop v. E. Ohio Gas Co., 143 Ohio St. 541 (1944) (market value as a standard for damages to property)