Sunday, February 3, 2013

Texas Supreme Court to Determine if Feelings Have Value


                We’ve all had an emotional attachment to a pet.  But how much was that attachment worth?  That is what the Texas Supreme Court is convening this week to decide.  After evaluating a case involving the accidental euthanasia of a Labrador named Avery, the Court will determine whether the pet’s owners’ emotional attachment to their dog warrants financial compensation. 

                The Texas Supreme Court is ultimately deciding whether or not to turn over a ruling made by the 2nd Court of Appeals in Fort Worth, which sided with the dog’s owners, the Medlens.  After the Medlen’s dog Avery ran away and landed in an animal shelter, they found they were unable to pay the $80 to release the animal.  They claimed ownership of the dog and said they would return shortly with the money.  However, after they eventually returned with the $80, they found their dog had been wrongfully put down, despite a tag on Avery’s cage claiming the dog had been claimed.  The Medlens sued the shelter, but the county civil court dismissed the case.  The 2nd Court of Appeals eventually sided with the Medlens, but now the case has made it to the Texas Supreme Court for consideration.

                While it may seem obvious that the Medlens should be compensated – a dog is a member of the family- the Medlen’s case doesn’t seem hopeful.  One of the judges made the slippery slope argument that if the law allowing compensation for emotional attachment passed, it could subsequently be applied to birds and fish in a bowl. 

                I truly do hope the Texas Supreme Court decide to rule in favor of the Medlens, but regardless, it will be interesting to see whether they determine if a financial value can be applied to an emotional attachment.

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