Mr. Grosser allegedly shot Mr. Kimes’s cat with a pellet gun. Kimes claimed he spent $36,000 for emergency surgery and follow up care for the partially paralyzed cat. The trial court ruled that the cat had no market value and that, because plaintiff could not recover more than the market value, the suit should be dismissed. The Court of Appeal disagreed. Civil Code section 3333, provides that where property has no market value, the measure of damages is the detriment proximately caused. Therefore, Mr. Kimes could pursue his case and seek to recover the full $36,000. Kimes v. Grosser (Cal. App. First Dist., Div. 1; May 31, 2011) 195 Cal.App.4th 1556, [126 Cal.Rptr.3d 581, 2011 DJDAR 7866].
Leave a Reply
You must be logged in to post a comment.