Carla Strickland v. Kathryn and Jeremy Medlen
397 S.W.3d 184 · Texas Supreme Court · 2013
Facts
The Medlens' dog, Avery, escaped and was picked up by Fort Worth animal control. Despite a 'hold for owner' tag, shelter worker Carla Strickland mistakenly placed Avery on the euthanasia list, and he was put to sleep. The Medlens sued Strickland for 'sentimental or intrinsic value' damages, which the trial court dismissed but the court of appeals allowed.
Issue
The central legal question is whether emotional-injury damages are recoverable under Texas common law for the negligent destruction of a family pet. This requires deciding whether to adhere to the precedent classifying pets as property or to recognize a new common-law claim for loss of companionship.
Holding
The Supreme Court of Texas reversed the court of appeals' judgment, holding that emotional-injury damages are not recoverable for the negligent destruction of a dog. The Court rendered judgment in favor of Carla Strickland.
Rule
Under Texas common law, pets are classified as personal property, and recovery for their loss is limited to their market value or 'special or pecuniary value' derived from their usefulness and services, not from an owner's subjective emotional attachment or companionship. Non-economic damages rooted in an owner's feelings for a pet are prohibited.
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