Claims for noneconomic damages over the wrongful death or injury of a pet are rare but on the rise. These suits are almost always dismissed, however, because animals are considered property for the purpose of determining compensatory value.

Tort laws allow owners to recover an animal's market value, associated medical expenses, and, at times, other economic damages, such as breeding status, pedigree, and special training. The exceptions are Tennessee and Illinois, where the state legislatures have allowed noneconomic rewards in companion animal cases in very limited circumstances, excluding veterinary negligence cases.

Animal rights lawyers have been working to change decades of legal precedent by asking courts to recognize the human-animal bond by allowing plaintiffs to collect enhanced damages. They argue that most pet-owning Americans think of their cats and dogs not as property but as family members. Therefore, they say, compensation that fails to account for a pet's emotional value to the owner is out of touch with societal norms.

The Goodby case took a number of unusual turns before finally arriving at the state Supreme Court. Initially, the trial court dismissed their loss of companionship and emotional distress claims. The Goodbys appealed and eventually dropped all economic claims from their suit. They then requested that the state Supreme Court decide one single issue: whether they could, in fact, recover noneconomic damages for the deaths of their cats.

According to the Goodbys' attorney, Steven Wise, the time has come for courts to allow noneconomic rewards when a pet dies or is injured as a result of negligence. "I've been waiting for a case like this for a long time," said Wise, who teaches animal rights law at Vermont Law School."The only reason we're filing this suit is to get non-economic damages. We're not interested in winning a hundred dollars just because that's what the cats are worth," he said.

The Animal Legal Defense Fund filed an amicus brief on behalf of the Goodbys in which it argued that pets are a special kind of property, not disposable items readily replaced in the marketplace. "It follows that courts should determine damages for loss of property, such as a companion animal, by properly assessing the animal's true value to his or her guardian," the group wrote.

What the Goodbys are asking the court to do, explained Samuel Hoar, the veterinarians' attorney, in his brief to the state Supreme Court, is to "effect a dramatic revolution" in animal law. Their arguments are little more than an invitation for the court to make a new cause of action for the wrongful death of a pet, which only the state legislature has the authority to do, he said.

The AVMA and Vermont VMA filed a joint amicus brief on behalf of the veterinarians. Among the reasons they cite for the court to deny the Goodbys' appeal is noneconomic awards would result in higher liability insurance premiums for practicing veterinarians. Additionally, veterinarians would be forced to practice "defensive medicine," by which they recommend a range of procedures and treatments to decrease the chance of being sued by clients.

Both scenarios lead to higher costs that would be passed on to pet owners, meaning some may visit the veterinarian less or not at all, ultimately harming the animals, the AVMA and Vermont VMA argue.Besides veterinary medicine, a range of industries and individuals would also face increased liability, the associations continued.

"Might an individual who negligently hits a dog with an automobile face potentially huge liability in the form of emotional distress and loss of companionship damages by the owner, for example? Nothing in the Goodbys' claim would prevent such an outcome," the (veterinary associations) state.

In a brief urging denial of the Goodbys' appeal, the Animal Health Institute and American Kennel Club noted how the courts won't allow a person to collect emotional loss damages for wrongful injuries to friends, siblings, and other important relatives. "We have asked the Vermont Supreme Court to stick with traditional law," said Dr. Kent McClure, AHI general counsel.

As of press time in late April, a trial date had not been set.The AVMA's position opposing noneconomic damages is posted on the association's Web site (click here to see it).

– R. SCOTT NOLEN