The state Supreme Court is being asked to decide whether one who witnesses a beloved pet violently killed by another animal can sue for emotional-distress damages.
If the Court answers yes, it would mark a broad expansion of the doctrine of Portee v. Jaffee, 84 N.J. 88 (1980), which allows recovery for psychic injuries due to witnessing a close family member’s traumatic death. New Jersey case law generally limits damages for loss of a pet to its replacement value.
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