..., "Midway"). Because the veterinary negligence claim is not time-barred, the trial court's judgment is reversed, in part. I...arguing that the veterinary negligence claim was time-barred, that the breach of contract and breach of bailment claims were subsumed under the veterinary negligence claim, that as a matter of law no...fiduciary duty is owed to an animal owner, and that recovery of punitive damages was linked to the time-barred tort claim. Midway further argued that as a matter of law the veterinary negligence claim...

...negligence" case. Dissenting Op. at 2. The only issues submitted to the jury were veterinary negligence issues. Although Smith requested that the jury be charged on ordinary negligence, his request was denied...veterinary negligence standard, not an ordinary negligence standard. In the present case, Smith presented no expert testimony whatsoever. To prove that the foal died from...understand, from the majority's opinion, what converts this case from an ordinary negligence case based on failure to feed and water an animal over a hot, three-day weekend into a veterinary medical...

.... This is an appeal from a summary judgment in favor of the defendant veterinarian in a veterinary negligence case. We reverse the judgment and remand for further proceedings...certain elements of Pruitt's negligence claims. At least one Texas court of appeals has found that veterinary negligence should be measured by the same elements applied in human medical malpractice cases...are separate elements of the veterinary negligence cause of action. Accordingly, Dr. McKee's assertion that the death of an animal standing...

...Ohio App.3d 394, 399, 581 N.E.2d 1114 (10th Dist. 1989). Plaintiff's allegation of veterinary negligence is not the type for which this exception..., 539 N.E.2d 670 (8th Dist. 1987). This also applies in veterinary negligence claims. In the present claim, plaintiff has failed to produce an expert... 2021-00708AD 04-14-2022 HOWARD FRIEDMAN Plaintiff v. OHIO STATE UNIVERSITY VETERINARY MEDICAL CENTER Defendant...

... MEMORANDUM OPINION This action for veterinary negligence has a messy procedural history that is, unfortunately, pertinent to resolving the pending jurisdictional dispute... Civil Action No. DKC 19-2662 12-27-2019 ELIZABETH BRADLEY v. VETERINARY ORTHOPEDIC SPORTS MEDICINE GROUP, et al...

...the trial court erred in granting the Clinic's motion for summary judgment on their negligence claim. Because there is currently no case law in Texas establishing how veterinary negligence cases are to...their claims of negligence and misrepresentation against their veterinarian, Dr. Roy Gully, d/b/a Cooper Place Animal Clinic. Because we find that the clinic's affidavits are legally sufficient and... In July of 1992, the Downings brought their dog "Rusty" to Dr. Gully's veterinary clinic for a neutering operation. Rusty, a championship breed Shih Tzu, needed the operation because one of his...

..., Sokolovic instructed her veterinarian to humanely euthanize Athena. {¶ 5} On September 2, 2007, Sokolovic filed a complaint for professional veterinary negligence against Dr. Hamilton and..., Sokolovic, a resident of Pittsburgh, Pennsylvania, was the owner of a spayed, eight-year-old female Rottweiler named Athena. At that time, Dr. Hamilton was one of seven board-certified veterinary oncology...in her right foreleg. On February 10, 2006, Dr. Hamilton met Sokolovic and Athena at his veterinary facility in Bedford, Ohio. Dr. Hamilton confirmed the diagnosis of cancer and recommended a biopsy...

...physicians and surgeons in medical malpractice cases in a veterinary negligence case). Having already discussed appellants' negligence claims, appellants' argument is overruled... Marcus W. HIGHT and Punk Carter d/b/a/ Hight/Carter Goat Partnership, Appellants, v. DUBLIN VETERINARY CLINIC, a Professional Corporation; J. Dennis Reed, D.V.M.; John.... Appellees are Dublin Veterinary Clinic, a Professional Corporation, and J. Dennis Reed, D.V.M. (the Clinic) and John Edwards and Jackie Edwards d/b/a Erath General...

...veterinary negligence case. Zeid, 953 S.W.2d at 369...negligence, and conversion. Petco did not answer, and Schuster took a default judgment and then offered evidence to support a range of unliquidated damages. Schuster testified that Licorice's.... By contrast, Schuster asserts at most gross negligence. The Texas Supreme Court, addressing property damage cases generally, held that mental anguish damages are not recoverable fo...

...for tolling the statute of limitations, the veterinary defendants will not be entitled to judgment on the pleadings as to the Reeds' negligence claims. See Austin v. Brammer...disclose this prior treatment, not the flawed pre-purchase examination, is the wrongful conduct which forms the basis for the Reeds' negligence claims against the veterinary defendants. Whether the...through her agent, Mr. Vickery, would have standing to sue Dr. Stingle for professional veterinary negligence. The defendants further argue that Dr. Stingle was legally and ethically prohibited from...

...jurisdictions have adopted the expert testimony requirement in veterinary negligence actions. In Utah, for example, expert testimony is required to show that a veterinarian did not exercise the care and...training, conditions of practice and expected standards between veterinary doctors and physicians weigh against requiring expert testimony in negligence actions against veterinarians is not persuasive... ROBERT ZIMMERMAN, Plaintiff and Appellant, v. G.D. ROBERTSON, D.V.M., d/b/a BOZEMAN VETERINARY HOSPITAL, Defendant and Respondent. No. 92-562...

...treated on December 31, 2022, by Michael Stone, DVM,1at AESC in Poulsbo, Washington. Following Bella's passing, Kamani sued Stone, alleging veterinary negligence, outrage..., and fraud. Kamani also sued AESC, alleging veterinary negligence, outrage, fraud, and breach of contract. The trial court dismissed all but the veterinary negligence claims on summary judgment. A.... Kamani sued Stone for outrage, fraud, and negligence. Kamani sued AESC for outrage, fraud, breach of veterinary services contract, and professional negligence. Kamani sought noneconomic and economic...

...other than a claimed offset for veterinary negligence. The university provided the court with billing records. Ms. Bernklow would have been entitled through discovery to copies of any other pertinent.... Bernklow contends the university acted in bad faith because the purpose of its delay was to wait out the statute of limitations for veterinary negligence. The university did nothing to prevent Ms.... Bernklow from bringing a timely negligence action. And even after the statute of limitations on a negligence claim ran, Ms. Bernklow could assert it as an offset to amounts owed for the veterinary...

...that summary judgment was inappropriate on appellant's veterinary malpractice claims based on negligence and gross negligence. However, we agree with the trial court that appellant failed to establish a.... {¶ 25} With respect to appellant's first two arguments, we find that those claims related to veterinary negligence may proceed...proceedings. {¶ 2} On August 22, 2014, appellant filed a complaint alleging negligence, gross negligence, and breach of...

..., 125 L.Ed.2d 469 (1993)). Texas courts have applied the same standard of care to medical negligence cases as to veterinary negligence cases.... 2011-03-22 Jim SIMPSON, et al., Plaintiffs, v. BARONNE VETERINARY CLINIC, INC., Defendant. John Huffaker, John F. Massouh...Pending before the Court is the defendant's, Baronne Veterinary Clinic, Inc., motion for summary judgment (Docket Entry No. 65). The plaintiffs, Jim Simpson, Ken Ridenour and Lulabelle Karr as the...

...claims for breach of bailment, breach of contract, and veterinary negligence. Bartusch did not bring her claims in Oregon for two...State University College of Veterinary Medicine, and the Oregon State University College of Veterinary Medicine's Veterinary Teaching Hospital appeal the trial court's denial of their motion to...request, she referred Bartusch to the Veterinary Teaching Hospital (Hospital) at Oregon State University in Corvallis, Oregon...

...negligence in the context of the provision of veterinary services. No Supreme Court case has applied the independent duty doctrine to claims for lack of informed consent or professional veterinary.... ¶ 1 Julie Hendrickson appeals the trial court's summary dismissal of her claims for negligent misrepresentation, lack of informed consent, profe...the applying of the independent duty doctrine to cases involving veterinary care liability or the torts at issue here, we reverse the trial court's summary dismissal of Hendrickson's tort claims and...

.... * * * Storozuk v. W.A. Butler Co. (1964), 3 Ohio Misc. 60, 61-62. A plaintiff's burden to establish veterinary negligence parallels...veterinary care and Dr. Duffus' alleged breach thereof. Because appellant failed to demonstrate a genuine issue of material fact on essential elements of her professional negligence claim, Dr. Duffus was...negligence, breach of implied warranty, failure to obtain informed consent, and infliction of emotional distress, arising out of Dr. Duffus' treatment of appellant's pet birds. Dr. Duffus is a doctor...

...harmless. She urges us to simply affirm the trial court and summarily dismiss Dorsett's claim based upon the theory that "Dorsett failed to meet her burden to prove her case of veterinary negligence by... [¶1] Patricia Dorsett appeals the small claims court's dismissal of her negligence claim against Dr. Jenna Lubitz, DVM. We reverse and remand. Facts and Procedural...History [¶2] On September 11, 2020, Dorsett took her nearly fifteen-year-old dog, Walter, to MedVet Animal Hospital for emergency veterinary care. Dorsett had taken Walter to...

...that the causes of action therein—(1) veterinary negligence and (2) fraudulent inducement—were barred by the statute of limitations set forth in section 340, subdivision (c). Alternatively...court conducted a hearing, the court granted the motion: "Defendants have established that there is a complete defense to the first cause of action for veterinary negligence and the second cause of.... I. BACKGROUND In September 2015, LaBarre brought her Arabian Palomino horse, Romeo, to the Veterinary Medical Teaching Hospital at the University of California...