North Carolina Court Denies Damages in Wrongful Death of Dog

The North Carolina Court of Appeals has waded into a authorised tussle over a wrongful death of a Jack Russell terrier.Nancy and Herb Shera of Wilmington sued North Carolina State Universitys College of Veterinary Medicine in 2009, seeking more than $28,000 in damages after their dog, Laci, died following a botched tube feeding.In a 20-page ruling issued Tuesday, a appeals court unanimously upheld an earlier ruling by a N.C. Industrial Commission, which decides compensation claims involving state agencies. The state commissioner had awarded a Sheras $2,755 for vet bills plus $350, a estimated cost for a new dog of a same breed.Nancy Shera said she was insulted by a $350 valuation of her beloved pet.Laci had her own unique, distinct personality, Nancy Shera said. She brought so much joy to our lives. She was a part of our family. You cannot replace Laci.The Sheras bought Laci as a puppy in 1994 for $100. The couple, who has two grown children, quickly formed a strong bond with a dog.Herb Shera, a retired U.S. Customs Service employee, has serious heart problems. When he had a bout of angina that left him unable to call for help, Laci ran to get Nancy, who called 911, she recalled.In 2003, Laci was diagnosed with a form of liver cancer. After specialists in Cary operated to remove a tumor, a Sheras took Laci to N.C. State for oncology treatment that resulted in her cancer going into remission.But in March 2007, a Sheras took Laci back to a vet school with a list of life-threatening symptoms that included pancreatitis and multi-systemic organ disease. While she was being kept under observation in a canine intensive care unit, a staff member attempted to feed Laci through a tube inserted through her nose.The staff member accidently inserted a tube into a dogs trachea, pumping food into her lungs rather than her stomach, according to court findings.Nancy Shera said Laci struggled for hours before she died. She still alternates between tears and anger when talking about what happened.Laci was a fighter, Shera ! said. Sh e beat cancer. But they slowly drowned her.The couple sought a help of Calley Gerber, a Raleigh attorney who operates North Carolinas only firm solely focused on cases involving animals. Their 2009 lawsuit against N.C. State sought damages for a intrinsic value of a unique human-animal bond, as well as reimbursement for veterinary services, mileage, hotel lodging, cremation expenses and noneconomic damages, including emotional distress and loss of enjoyment of life.In court, a university was defended by a office of Attorney General Roy Cooper, with supporting briefs filed by groups representing veterinarians and pet product manufactures, as well as a American Kennel Club and a Cat Fanciers Association.In its ruling, a three-judge appeals court cited numerous authorised precedents, including a case where a child died as a result of medical malpractice.North Carolina law has not yet recognized a lost investment valuation method in wrongful death cases, whether human child or pet animal, said Tuesdays opinion, which was written by Judge J. Douglas McCullough.Writing for a three-judge panel, Judge J. Douglas McCullough said there is no basis in state law where a total investment over a lifetime was used to determine a value of a lost life, whether human child or pet animal and whether sentient or not. McCullough cited numerous authorised precedents, including a case where a child died as a result of medical malpractice.A spokeswoman for a N.C. Department of Justice, which has defended a vet school, declined to comment.Mick Kulikowski, a spokeswoman for N.C. State, said a veterinary school appreciates a courts time and attention.Our sympathies go out to a Shera family members for a loss of their dog, Kulikowski said.Nancy Shera said she is still taking in a latest ruling, but that a couple will consider an appeal to a North Carolina Supreme Court.Over a last four years, a Sheras have spent more in authorised fees than a $28,000 they originally sought in damages.I want justice for Laci, Nancy Shera said. Its n! ot about a money.Powered By iWebRSS.co.cc