I would like to thank you for taking the time to talk to me yesterday regarding my deceased mare Picante.
Your credentials are very impressive
and I would certainly feel confident if you were handling Picante’s case.
D. Largeteau,
Axens North America
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Title of Article: "A Pet's
Fair Market Value"
Author: David D. Johnson
We all know how much our horses and pets mean to
us and now it appears a three judge panel of the Illinois
Appellate Court agrees, too.
In the case Anzalone v. Kragness, No. 1-04-1647 (March 7),
the plaintiff owned a cat that was mauled and killed by
the defendant’s rottweiller dog in June of 2002. A
Cook County Circuit Court had originally dismissed the $100,000
suit, stating that the plaintiff hadn’t specified
the damages. The Appellate Court thought otherwise, though
agreeing that the damage request was high.
Under common law, since animals are thought of as an item
of personal property there really is no provision for determining
fair market value when there is none, as in this case.
The Illinois Court’s decision referenced Jankowski
v. Preiser Animal Hospital, 510 N.E.2d 1084, a 1987 Illinois
ruling that allowed for damages to be figured based on the
value of the pet to the owner including sentimental value.
Some states have laws which have addressed our love for
animals but more typically allow for damages from aggravated
cruelty or torture.
It will be interesting to see how this trend will evolve.
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