Welcome!

News Feed Item

Texas Supreme Court Rules on Landmark Non-Economic Damages Case

AUSTIN, Texas, April 5, 2013 /PRNewswire-USNewswire/ -- On April 5, the Texas Supreme Court ruled on Medlen v. Strickland, a case with the potential to dramatically alter the legal relationship between people and animals. The Fort Worth Court of Appeals departed from long-settled law and allowed the recovery of non-economic damages for the death of a dog that was accidentally euthanized after being picked up by the local animal control after the owner was unable to timely pay for its release. The Texas Supreme Court overruled this decision and upheld precedent that non-economic, emotionally based damages could not be claimed on the death of an animal.

(Logo: http://photos.prnewswire.com/prnh/20120208/DC50016LOGO )

This is a great decision for pet owners and animals in general, and the Texas Veterinary Medical Association (TVMA) commends the court in making such a decision. Veterinarians devote their lives to caring for and preventing the suffering of animals and without a doubt understand the deep bond that develops between people and their pets. They sympathize with families over the losses of their animals, but they were also aware that such a dramatic change to the way that courts in Texas apply the law would have had vast unintended consequences.

TVMA supports maintaining the current legal system because it values animals, encourages responsible animal ownership, deters animal abuse and promotes innovative, affordable and quality animal care. The current legal system has produced a stable climate for animal care that has made pet ownership economically viable for most people. If the Fort Worth Court of Appeals decision had been upheld, individuals would have been able to file suit and collect large monetary recoveries for the death or injury of an animal, recoveries that are not usually available for the death of a person. The routine awarding of such damages would turn pet litigation into a cottage industry and ultimately drive up the cost of everything associated with the care of pets, including veterinary care, medicine, boarding, grooming, etc., making owning a pet cost-prohibitive for many people. Such damage awards would fundamentally change the way veterinarians practice medicine by forcing them to practice defensively, which translated to increased costs for veterinary care.

In the opinion on the case, Texas Supreme Court Justice Don R. Willett writes, "It is an inconvenient, yet inescapable, truth: 'Tort law . . . cannot remedy every wrong.' Lines, seemingly arbitrary, are required. No one disputes that a family dog—'in life the firmest friend'—is a treasured companion. But it is also personal property, and the law draws sensible, policy-based distinctions between types of property. The majority rule throughout most of America—including Texas since 1891—leavens warm-heartedness with sober-mindedness, applying a rational rule rather than an emotional one. For the reasons discussed above, we decline to (1) jettison our 122-year-old precedent classifying dogs as ordinary property, and (2) permit non-economic damages rooted in relational attachment."

For more information on the case, visit www.tvma.org, or to read Justice Willett's full opinion, visit www.supreme.courts.state.tx.us/historical/2013/apr/120047.pdf.

About The Texas Veterinary Medical Association


Founded in 1903, the Texas Veterinary Medical Association is a professional association composed of more than 3,700 veterinarians committed to protecting public health, promoting high educational, ethical and moral standards within the veterinary profession and educating the public about animal health and its relationship to human health. For more information, call 512/452-4224 or visit tvma.org.

Contact: Elizabeth Choate, TVMA Director of Government Relations/General Counsel

8104 Exchange Drive

Austin, Texas 78754

Email: [email protected]
Phone: 512/452-4224

Fax: 512/452-6633

SOURCE Texas Veterinary Medical Association

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
I wanted to gather all of my Internet of Things (IOT) blogs into a single blog (that I could later use with my University of San Francisco (USF) Big Data “MBA” course). However as I started to pull these blogs together, I realized that my IOT discussion lacked a vision; it lacked an end point towards which an organization could drive their IOT envisioning, proof of value, app dev, data engineering and data science efforts. And I think that the IOT end point is really quite simple…
Aspose.Total for .NET is the most complete package of all file format APIs for .NET as offered by Aspose. It empowers developers to create, edit, render, print and convert between a wide range of popular document formats within any .NET, C#, ASP.NET and VB.NET applications. Aspose compiles all .NET APIs on a daily basis to ensure that it contains the most up to date versions of each of Aspose .NET APIs. If a new .NET API or a new version of existing APIs is released during the subscription peri...
Today we can collect lots and lots of performance data. We build beautiful dashboards and even have fancy query languages to access and transform the data. Still performance data is a secret language only a couple of people understand. The more business becomes digital the more stakeholders are interested in this data including how it relates to business. Some of these people have never used a monitoring tool before. They have a question on their mind like “How is my application doing” but no id...
Identity is in everything and customers are looking to their providers to ensure the security of their identities, transactions and data. With the increased reliance on cloud-based services, service providers must build security and trust into their offerings, adding value to customers and improving the user experience. Making identity, security and privacy easy for customers provides a unique advantage over the competition.
Qosmos has announced new milestones in the detection of encrypted traffic and in protocol signature coverage. Qosmos latest software can accurately classify traffic encrypted with SSL/TLS (e.g., Google, Facebook, WhatsApp), P2P traffic (e.g., BitTorrent, MuTorrent, Vuze), and Skype, while preserving the privacy of communication content. These new classification techniques mean that traffic optimization, policy enforcement, and user experience are largely unaffected by encryption. In respect wit...
Kubernetes, Docker and containers are changing the world, and how companies are deploying their software and running their infrastructure. With the shift in how applications are built and deployed, new challenges must be solved. In his session at @DevOpsSummit at19th Cloud Expo, Sebastian Scheele, co-founder of Loodse, will discuss the implications of containerized applications/infrastructures and their impact on the enterprise. In a real world example based on Kubernetes, he will show how to ...
Using new techniques of information modeling, indexing, and processing, new cloud-based systems can support cloud-based workloads previously not possible for high-throughput insurance, banking, and case-based applications. In his session at 18th Cloud Expo, John Newton, CTO, Founder and Chairman of Alfresco, described how to scale cloud-based content management repositories to store, manage, and retrieve billions of documents and related information with fast and linear scalability. He addres...
Is the ongoing quest for agility in the data center forcing you to evaluate how to be a part of infrastructure automation efforts? As organizations evolve toward bimodal IT operations, they are embracing new service delivery models and leveraging virtualization to increase infrastructure agility. Therefore, the network must evolve in parallel to become equally agile. Read this essential piece of Gartner research for recommendations on achieving greater agility.
SYS-CON Events announced today that Hitrons Solutions will exhibit at the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Hitrons Solutions Inc. is distributor in the North American market for unique products and services of small and medium-size businesses, including cloud services and solutions, SEO marketing platforms, and mobile applications.
Smart Cities are here to stay, but for their promise to be delivered, the data they produce must not be put in new siloes. In his session at @ThingsExpo, Mathias Herberts, Co-founder and CTO of Cityzen Data, will deep dive into best practices that will ensure a successful smart city journey.
DevOps at Cloud Expo, taking place Nov 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long dev...
Internet of @ThingsExpo, taking place November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 19th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago. All major researchers estimate there will be tens of billions devices - comp...
SYS-CON Events announced today that Venafi, the Immune System for the Internet™ and the leading provider of Next Generation Trust Protection, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Venafi is the Immune System for the Internet™ that protects the foundation of all cybersecurity – cryptographic keys and digital certificates – so they can’t be misused by bad guys in attacks...
The 19th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Digital Transformation, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportuni...
As the world moves toward more DevOps and Microservices, application deployment to the cloud ought to become a lot simpler. The Microservices architecture, which is the basis of many new age distributed systems such as OpenStack, NetFlix and so on, is at the heart of Cloud Foundry - a complete developer-oriented Platform as a Service (PaaS) that is IaaS agnostic and supports vCloud, OpenStack and AWS. Serverless computing is revolutionizing computing. In his session at 19th Cloud Expo, Raghav...