Jankoski v. Preiser Animal Hospital, Ltd.

157 Ill. App. 3d 818, 510 N.E.2d 1084 (1987)

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Jankoski v. Preiser Animal Hospital, Ltd.

Illinois Appellate Court
157 Ill. App. 3d 818, 510 N.E.2d 1084 (1987)

Facts

The Jankoskis (plaintiffs) took their German shepherd dog to Preiser Animal Hospital, Ltd. (Preiser) (defendant) for diagnostic treatment. During the course of said treatment, the dog was placed under anesthesia and subsequently died. The Jankoskis filed suit against Preiser, alleging that it was negligent in failing to properly administer the anesthesia and monitor the dog’s condition. In the complaint, the Jankoskis alleged loss of companionship as a cause of action. Preiser brought a motion to dismiss, and the trial court allowed the Jankoskis leave to amend the complaint to state a cause of action for property damage. The Jankoskis declined to amend, stating that the dog had value beyond mere property. Thus, the court dismissed the complaint with prejudice. The Jankoskis appealed and urged the court to adopt loss of companionship for pets as a cause of action.

Rule of Law

Issue

Holding and Reasoning (Jiganti, J.)

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