Anna Brown v. North Shore Animal Center; Kent Walker, D.V.M., et al.
Published: May 3, 1997 | Result Date: Apr. 3, 1997 | Filing Date: Jan. 1, 1900 |Case number: VCV08715 – $35,000
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
J.P. Sevedge
(technical)
Defendant
Kent M. Walker
(technical)
Facts
In March 1991, plaintiff Anna Brown's 14 purebred Himilayan flame-point cats were boarded at the defendant North Shore Animal Center. On March 22, 1991, all 14 cats were killed in a fire at the defendant center. The defendants claimed that four of plaintiff Brown's cats had died of F.I.P. in the three months before the fire. North Shore claimed that despite Dr. Walker's request that Ms. Brown have the rest of the cats in her cattery tested for FIP, she refused to do so. The defendants also claimed the cats boarded at the hospital during the fire were vaccinated for F.I.P. by Dr. Walker a few days before the fire only because the hospital required such vaccinations before boarding any cats. The plaintiff brought this action against the animal center and Kent Walker, D.V.M., a veterinarian at the center, based on a breach of bailment theory of recovery. The defendants cross-complained against Karl Francis Construction, a construction contractor, for indemnity. The Anna Brown action was consolidated with Transamerica Insurance Co. vs. Karl Francis Construction Co., an action brought by Transamerica against Karl Francis Construction Co. in subrogation for the $440.00 it had paid to reconstruct the hospital due to the fire damage.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $39,998. The defendant made a C.C.P. º998 offer of compromise for $10,000.
Damages
The plaintiff claimed economic damages of $67,000 to $88,000 for the value of the cats, plus general damages.
Injuries
The plaintiff alleged that she suffered emotional distress.
Other Information
The verdict was reached approximately five years and one month after the case was filed. A mediation was held on June 12, 1996 before Judge Harry R. McCue, retired. It did not resolve the matter. Per plaintiff Anna Brown, a juror post-verdict said the jury agreed the cats did not have F.I.P. (Feline Infectious Peritonitis).
Deliberation
9 hours
Poll
12-0
Length
4 weeks
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