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Koester v VCA - Koester v VCA Animal Hospital(244 Mich.App...

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Koester v. VCA Animal Hospital (244 Mich.App. 173, 624 N.W.2d 209) Facts: Plaintiff, John Koester, appeals as of right from the circuit court order granting defendants, VCA Animal Hospital and Marjorie Field, D.V.M., summary disposition of his negligence claim involving the care and treatment rendered by defendants to his pet dog after the dog died when bandages were applied too tightly around its neck. Plaintiff pled damages that included plaintiff's pain and suffering, extreme fright, shock, mortification, and the loss of the companionship of his dog. The court noted that there is no Michigan precedent that permits the recovery of damages for emotional injuries allegedly suffered as a consequence of property damage. Although this Court is sympathetic to plaintiff's position, it chose to defer to the Legislature to create such a remedy. Legal Question: Is plaintiff entitled to compensatory damages over the loss of personal property i.e. the dog?
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