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To: GovernmentShrinker
The law is reluctant to give bystanders, even immediate, family compensation for emotional distress in the case of human fatalities (forseeability plus). Dogs are viewed as property and as a crime against property punitivie damages are rarely awarded, exceptions being an undertaker/taxidermist really screwing up a corpse. A jury might be sympathetic and give the family compensation, but there is no sound legal basis for punitive damages.
64 posted on 01/09/2003 9:24:43 AM PST by WashingtonCollegeofLaw
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To: WashingtonCollegeofLaw
In a case such as this, the award to the family is likely to be an overall award covering the whole situation, and not earmarking a certain amount for the dog and the emotional distress related to the dog's death.

In virtually all cases of wrongful shootings/killings of pets, there are other issues to be litigated or settled in connection with the incident. The late Judge Ellen Morphonius was known to give extra-long prison sentences to perps who harmed or killed animals in the course of committing the main crime at issue. One way or another, the legal and/or arbitration system usually finds a way to make cold-blooded killers of family pets pay heavily.

I suspect that a civil suit against someone who deliberately took aim at and shot your dog as you walked it on the sidewalk in front of their property would yield a significant award, in any state.
88 posted on 01/09/2003 10:01:29 AM PST by GovernmentShrinker
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