By COURTNEY POTTS
Posted Feb 17, 2011 @ 04:08 PM
Last update Feb 17, 2011 @ 04:25 PM
UTICA —
A year and a day after a Rome family lost their two dogs to a fire, a federal judge Tuesday dismissed the couple’s claims for emotional distress in a related civil lawsuit.
Bruce and Lisa Entelisano lost their dogs, Kimmy and Trevor, when a fire caused by a faulty kitchen stove destroyed their Massena Avenue home on Feb. 14, 2010. The couple later sued Sears Hardware and Electrolux Home Products for $150,000 on each of five causes of action – three related to actual damages and two related to the emotional distress caused by the death of their pets.
So what do YOU think? Be careful...remember that while we all feel bad about situations like this, once you set a precedent, there are often many unwanted and unintended consequences.
Like what you say? Well, a person takes the dog to the groomer and the dog has a medical condition and stresses out and dies (through NO fault of the groomer)...now she can be sued for maybe not only medical bills or the cost of the pet (maybe?) but emotional distress. Can the groomer sue for the emotional distress of losing a business due to attorney fees and possible the loss of the case? I don't think so.
Or you are a vet who loses a dog or cat (again, NOT even through any type of malpractice). Now it's not only maybe paying for the cost of the treatments, surgeries, etc AND maybe the replacement cost of a similar animal but MUCH more (depending on the judge, the owner, how VIP they are - think about it..this is how it often works in the world). So the vet's insurance goes up and guess what, so does the cost to the pet owners.
I could think of of a ton more examples.
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