Modification: Berry v. Frazier

RYAN BERRY,

Plaintiff and Appellant,

v.

JEFFERY R. FRAZIER, DVM,

Defendant and Respondent.

No. A164168

(County and City of San Francisco Super. Ct. No. CGC20587086)

California Court of Appeal

First Appellate District

Division Three

Filed May 15, 2023

ORDER MODIFYING OPINION

AND DENYING REHEARING

NO CHANGE IN JUDGMENT

BY THE COURT:

It is ordered that the opinion filed on April 28, 2023, be modified as follows:

On page 4, replace the first full paragraph with the following paragraph:

Frazier and an assistant arrived at Berry's home in the late afternoon. The euthanasia was to take place in the backyard, where Frazier and his assistant prepared the cat for the insertion of a catheter. During this initial attempt to sedate the cat, Frazier told Kraus and Berry, " 'Go over there,' '' indicating they should move 30 feet away. They complied, and waited for Frazier to indicate when they could return. After a few moments, Frazier told them that he was unable to place the catheter even though he had tried to do so in all the cat's limbs. Berry and Kraus became upset and Kraus suggested an overdose of an oral medication (buprenorphine) that had been prescribed for the cat. Frazier responded that it would " 'take too long,' " but did not explain how long or why the length of time was significant.

The petition for rehearing is denied.

There is no change in the judgment.

P.J.