Janine Queller v. Conrad Ferreira
Published: Dec. 16, 2003 | Result Date: May 16, 2003 | Filing Date: Jan. 1, 1900 |Case number: NC19794 Verdict – $0
Facts
In April 1998, the plaintiff agreed to purchase a 3-year-old quarterhorse nicknamed Deuce. The plaintiff sought a veterinarian who could conduct a pre-purchase examination to determine Deuce's health. She chose the defendant, Dr. Ferreira, upon a friend's recommendation. The seller made arrangements for the examination and the plaintiff never spoke to Dr. Ferreira and only received the pre-purchase examination form advising her that the Deuce's heart was normal. The plaintiff proceeded with the purchase, transferred Deuce to a facility near her home in Contra Costa County and arranged for training with plans to use the horse in competition. Deuce trained extensively for the next seven months, showing good stamina and no physical problems. In November 1998, Deuce injured his foot. It did not heal well and surgery was recommended. While preparing Deuce for surgery, a heart murmur was discovered so general anesthesia was avoided. A follow-up assessment at UC Davis Veterinary Medical Teaching Hospital revealed a heart defect for which no treatment was available. Deuce steadily declined over the next six months and eventually was euthanized in June 1999.
Settlement Discussions
Since there was no evidence of a breach of the standard of care, this case was not suitable for settlement.
Damages
The plaintiff identified her specials as the $6,000 purchase price of the horse plus a minimum of $10,000 for veterinary treatment, boarding costs and loss of use.
Deliberation
half hour
Poll
12-0
Length
three days
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