Barking Hound Village v. Monyak
Georgia Supreme Court
787 S.E.2d 191 (2016)
- Written by Sean Carroll, JD
Facts
Robert and Elizabeth Monyak (plaintiffs) boarded their dog at a kennel owned by Barking Hound Village, LLC (BHV) (defendant). BHV gave the dog medicine prescribed for another dog, resulting in nine months of sickness and veterinary care before the Monyaks’ dog died. The Monyaks sued BHV for negligence. BHV moved for summary judgment, arguing that the Monyaks’ damages were limited to the fair market value of the dog, and that the dog had no market value. Specifically, BHV pointed out that the dog was adopted (not purchased), the dog was not purebred or a show dog, and the dog had not produced any income for the Monyaks. The trial court denied the motion. The court of appeals held that because the dog had no market value, the proper measure of damages was the actual value of the dog to the Monyaks. The Georgia Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Thompson, C.J.)
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