219 N.C. App. 117
N.C. Ct. App.2012Background
- Puppy Laci, a Jack Russell Terrier, was purchased for $100 in 1994 and later spayed; she provided comfort and was bonded to the Sheras.
- Laci was treated for hepatocellular carcinoma in 2003-2004, achieving remission by October 2003.
- In March-April 2007, Laci was treated at defendant NC State University Veterinary Teaching Hospital and died after a feeding tube was placed into her trachea.
- Plaintiffs filed a Tort Claims Act action alleging negligent death caused by defendant, seeking both intrinsic value and related damages, including veterinary costs and emotional damages.
- The North Carolina Industrial Commission awarded damages based on replacement value of the dog ($350) plus medical expenses ($2,755.72); the court affirmed the measure of damages and declined to apply intrinsic value to pet losses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether intrinsic value applies to pet damages in negligence | Shera argues intrinsic value should be used for pets | State argues market replacement value governs pet damages | Intrinsic value not recognized for pets; replacement value affirmed |
Key Cases Cited
- Jones v. Craddock, 210 N.C.429, 187 S.E. 558 (1936) (1936) (dogs are property; dog injuries recoverable in tort)
- Carolina Power & Light Co. v. Paul, 261 N.C.710, 136 S.E.2d 103 (1964) (1964) (measure of damages for personal property is market value before and after)
- State v. Helms, 107 N.C.App. 237, 418 S.E.2d 832 (1992) (1992) (replacement cost can establish market value when no market value exists)
- Freeman, Inc. v. Alderman Photo Co., 89 N.C.App. 73, 365 S.E.2d 183 (1988) (1988) (actual or intrinsic value instructions used to prevent windfall for useless property)
- Thomason v. Hackney, 159 N.C. 299, 74 S.E. 1022 (1912) (1912) (discussion of sentimental value historically not recoverable)
- City of Kings Mountain v. Cline, 19 N.C.App. 9, 198 S.E.2d 64 (1973) (1973) (sentimental value not compensable as value)
- Blum v. Worley, 121 N.C.App. 166, 465 S.E.2d 16 (1995) (1995) (intrinsic value instructions appropriate in certain circumstances)