Repin v. State

Robert Repin (plaintiff), a single man, had owned his beloved rescue dog Kaisa, an Alaskan malamute, for many years. Kaisa fell ill and was diagnosed with cancer. Repin took Kaisa to a teaching veterinary hospital at Washington State University (defendant) for more information. Veterinarians at the hospital confirmed that Kaisa had metastatic cancer and likely only a few months left to live, likely in pain. After consideration, Repin accepted the recommendation to have Kaisa euthanized rather than continue in pain. Repin and Kaisa were taken to a separate room for the euthanasia procedure. Repin stated that, initially, Kaisa was sleeping on the floor. Veterinary doctor Margaret Cohn-Urbach (defendant) and veterinary student Jasmine Feist then handled the euthanasia while Repin turned away. According to Repin, while either Cohn-Urbach or Feist was injecting the euthanasia drug into Kaisa’s catheter, the person made a mistake, and Kaisa woke up screaming and panicking. Repin contended that he had to hold Kaisa down while she howled to keep her from attacking Cohn-Urbach and Feist, who were backed up against a wall trying to figure out what to do. Cohn-Urbach left to get more of the euthanasia drug while Repin continued restraining the panicking dog. When Cohn-Urbach returned, Repin had to turn Kaisa around so Cohn-Urbach could inject the euthanasia drug directly into a vein in another leg, which finally led to Kaisa’s death. Repin estimated the ordeal lasted five to seven minutes, with Kaisa visibly and audibly in agony the entire time. Afterward, Repin suffered emotional issues, including reduced patience and increased irritability, and experienced headaches and insomnia, which he treated by drinking alcohol to fall asleep. Repin sued the hospital and Cohn-Urbach in state court. Among other claims, Repin alleged that the hospital and Cohn-Urbach had breached the parties’ contractual agreement regarding how the euthanasia would be performed. This breach-of-contract claim included a request for noneconomic damages for the emotional distress the breach had caused to Repin. Repin argued that these noneconomic damages were recoverable because it was readily foreseeable that breaching a euthanasia contract could cause emotional distress. The trial court ruled that Repin could not recover any emotional-distress damages for the breach-of-contract claim and dismissed the damage request. Repin appealed.