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American Morning

Look at Case Involving a Family, a Veterinarian and a Sheepdog

Aired July 07, 2003 - 07:33   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


BILL HEMMER, CNN ANCHOR: In Florida right now and a case that could become a legal landmark. It involves a family, a veterinarian and a sheepdog named Lucky who wasn't so lucky in the end.
Jeffrey Toobin along in a moment to sort out the legal issues in this case.

First, though, in Florida, CNN's John Zarrella now has more on the story in Miami.

(BEGIN VIDEOTAPE)

JOHN ZARRELLA, CNN CORRESPONDENT (voice-over): So just how much do you think your pet is worth?

UNIDENTIFIED MALE: We shared our life with him, you know? He brought happiness into our lives. I mean it was a joy to have, to be with him.

UNIDENTIFIED FEMALE: Get him up.

ZARRELLA: For eight years, Adam Riff and his mother Ellen considered their dog Lucky as part of the family. When Lucky died after a veterinarian visit, the Riffs sued, claiming their dog was healthy when they took him in. Now, a Broward County judge is allowing the Riffs to include pain and suffering in their suit.

UNIDENTIFIED MALE: I made it abundantly clear that I think you have a right to sue for veterinarian malpractice and to include emotional distress as an element of damages.

ZARRELLA: Until recently, pets were considered property. Their worth, fair market value. Now, nationwide, animal law experts say pets are being viewed by some courts as more than just property.

JENNIFER DIETZ, EXPERT IN ANIMAL LAW: The law is now catching up with society. We're a society that enjoys animals -- cats, dogs, birds. We like having them in our family.

DAN BACH, VETERINARIAN'S ATTORNEY: The slippery slope is do you stop at dogs and cats? Do you go to frogs and hamsters? Pet snakes? Where do you stop?

ZARRELLA: Dan Bach represents the veterinarian being sued by the Riffs. He argues Lucky died of a pre-existing condition and his client did nothing wrong and did everything he could to save the animal. BACH: There was nothing improper done, nothing negligent done.

ZARRELLA: Legal experts say if it gets to trial, this case will further shape how courts view pets. Are they more than just property in the eyes of the law?

John Zarrella, CNN, Miami.

(END VIDEOTAPE)

HEMMER: There's the backdrop.

Jeffrey Toobin talks about the legal -- what's the legal issue on this right now?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, there are actually several because remember he, the family, Lucky's family sued for two things. They sued for pain and suffering on behalf of Lucky, Lucky's pain and suffering, and their own pain and suffering.

Now, Lucky's pain and suffering was thrown out, because I think it's pretty clear you can't get an animal's pain and suffering because how would you prove it and it's just the legal system isn't equipped for that.

But the question that the judge has allowed to proceed is can you get pain and suffering for your own damages, you know, you the owner, if your dog dies as a result of malpractice?

HEMMER: So then if you're a judge, how do you put a dollar amount on that?

TOOBIN: Well, that's true in all pain and suffering cases. Pain and suffering never has an easy way to assess damages. So that's not the real issue.

The real issue is how do you -- is whether this is something the legal system should even redress. Do you get pain and suffering for the death of what the legal system considers as property?

HEMMER: Now, there seems to be precedent. Sort me out if it's not true. Year 2000, botched surgery on a Rotweiler, a broken tooth, infected paws. The owner gets 20 grand.

TOOBIN: That's right. There are a few cases where owners have gotten pain and suffering damages, not many, but a few.

HEMMER: It doesn't happen very often. Now, the judge is going to rule on this, a guy by the name of Leonard Fleet. He's been quoted as saying and reading in court from a 19th century text: "When all other friends desert, he remains." He's talking about a dog.

TOOBIN: Well, that's right. And that's why this case is really kind of a perfect illustration about what you think of the legal system. And it's either, you know, evolving to consider what people really, real relationships in their lives, you know, in this case, you know, with an animal, which is a serious thing, or it's, you know, plaintiffs' lawyers out of control, just another way of creating a litigation where none existed before.

HEMMER: Do you have a pet?

TOOBIN: I do have a cat and I thought of this...

HEMMER: And?

TOOBIN: And I thought, you know, in theory I thought, you know, it's a terrible idea, why have a case, you know, why have cases like this. But if something did anything to Lightening, ooh.

HEMMER: Oooh.

TOOBIN: It would be very bad.

HEMMER: There are two of them in the household.

TOOBIN: Don't let them get near my dog, either.

HEMMER: Thank you, Jeff.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com




Sheepdog>


Aired July 7, 2003 - 07:33   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
BILL HEMMER, CNN ANCHOR: In Florida right now and a case that could become a legal landmark. It involves a family, a veterinarian and a sheepdog named Lucky who wasn't so lucky in the end.
Jeffrey Toobin along in a moment to sort out the legal issues in this case.

First, though, in Florida, CNN's John Zarrella now has more on the story in Miami.

(BEGIN VIDEOTAPE)

JOHN ZARRELLA, CNN CORRESPONDENT (voice-over): So just how much do you think your pet is worth?

UNIDENTIFIED MALE: We shared our life with him, you know? He brought happiness into our lives. I mean it was a joy to have, to be with him.

UNIDENTIFIED FEMALE: Get him up.

ZARRELLA: For eight years, Adam Riff and his mother Ellen considered their dog Lucky as part of the family. When Lucky died after a veterinarian visit, the Riffs sued, claiming their dog was healthy when they took him in. Now, a Broward County judge is allowing the Riffs to include pain and suffering in their suit.

UNIDENTIFIED MALE: I made it abundantly clear that I think you have a right to sue for veterinarian malpractice and to include emotional distress as an element of damages.

ZARRELLA: Until recently, pets were considered property. Their worth, fair market value. Now, nationwide, animal law experts say pets are being viewed by some courts as more than just property.

JENNIFER DIETZ, EXPERT IN ANIMAL LAW: The law is now catching up with society. We're a society that enjoys animals -- cats, dogs, birds. We like having them in our family.

DAN BACH, VETERINARIAN'S ATTORNEY: The slippery slope is do you stop at dogs and cats? Do you go to frogs and hamsters? Pet snakes? Where do you stop?

ZARRELLA: Dan Bach represents the veterinarian being sued by the Riffs. He argues Lucky died of a pre-existing condition and his client did nothing wrong and did everything he could to save the animal. BACH: There was nothing improper done, nothing negligent done.

ZARRELLA: Legal experts say if it gets to trial, this case will further shape how courts view pets. Are they more than just property in the eyes of the law?

John Zarrella, CNN, Miami.

(END VIDEOTAPE)

HEMMER: There's the backdrop.

Jeffrey Toobin talks about the legal -- what's the legal issue on this right now?

JEFFREY TOOBIN, CNN LEGAL ANALYST: Well, there are actually several because remember he, the family, Lucky's family sued for two things. They sued for pain and suffering on behalf of Lucky, Lucky's pain and suffering, and their own pain and suffering.

Now, Lucky's pain and suffering was thrown out, because I think it's pretty clear you can't get an animal's pain and suffering because how would you prove it and it's just the legal system isn't equipped for that.

But the question that the judge has allowed to proceed is can you get pain and suffering for your own damages, you know, you the owner, if your dog dies as a result of malpractice?

HEMMER: So then if you're a judge, how do you put a dollar amount on that?

TOOBIN: Well, that's true in all pain and suffering cases. Pain and suffering never has an easy way to assess damages. So that's not the real issue.

The real issue is how do you -- is whether this is something the legal system should even redress. Do you get pain and suffering for the death of what the legal system considers as property?

HEMMER: Now, there seems to be precedent. Sort me out if it's not true. Year 2000, botched surgery on a Rotweiler, a broken tooth, infected paws. The owner gets 20 grand.

TOOBIN: That's right. There are a few cases where owners have gotten pain and suffering damages, not many, but a few.

HEMMER: It doesn't happen very often. Now, the judge is going to rule on this, a guy by the name of Leonard Fleet. He's been quoted as saying and reading in court from a 19th century text: "When all other friends desert, he remains." He's talking about a dog.

TOOBIN: Well, that's right. And that's why this case is really kind of a perfect illustration about what you think of the legal system. And it's either, you know, evolving to consider what people really, real relationships in their lives, you know, in this case, you know, with an animal, which is a serious thing, or it's, you know, plaintiffs' lawyers out of control, just another way of creating a litigation where none existed before.

HEMMER: Do you have a pet?

TOOBIN: I do have a cat and I thought of this...

HEMMER: And?

TOOBIN: And I thought, you know, in theory I thought, you know, it's a terrible idea, why have a case, you know, why have cases like this. But if something did anything to Lightening, ooh.

HEMMER: Oooh.

TOOBIN: It would be very bad.

HEMMER: There are two of them in the household.

TOOBIN: Don't let them get near my dog, either.

HEMMER: Thank you, Jeff.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com




Sheepdog>