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Barking Hound Village LLC v. Monyak

The trial court improperly ruled that plaintiffs could introduce evidence of non-economic factors demonstrating their dog's intrinsic value in their lawsuit arising out of the dog's death.

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These appeals arise out of a claim for damages for the death of a dog a mixed-breed daschund owned by Robert and Elizabeth Monyak. In 2012, the Monyaks boarded their two dogs the daschund and a mixed-breed labrador retriever for approximately ten days at a kennel owned and operated by Barking Hound Village, LLC hereinafter the “BHV” and managed by William Furman. Three days after the Monyaks picked up their dogs, the daschund was diagnosed with acute renal failure. It received kidney dialysis treatments to treat the condition, and died approximately nine months later, in March 2013.

The Monyaks filed suit against BHV and Furman for damages, alleging that while boarded at the kennel, the daschund was administered toxic doses of a non-steroidal, anti-inflammatory medication which had been prescribed to the labrador retriever, not the daschund. The Monyaks had left the medication at the kennel, with directions to administer it to the labrador retriever. The Monyaks alleged various claims of negligence by BHV and Furman, and they sought compensatory damages, including over $67,000 in veterinary and other expenses allegedly incurred in treating the daschund. The Monyaks also alleged fraud and deceit, and they sought damages for litigation expenses as well as punitive damages.

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