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DeLany v. Kriger Slip Copy, 2019 WL (Tenn. Ct. App. Mar. 20, 2019) This unpublished Tennessee case issues a veterinary negligence action. The owners of a cat filed a wrongful demise criticism towards the cat’s veterinarian and animal hospital after the cat was killed when the veterinarian wrongly placing a feeding tube into the cat’s trachea quite than her esophagus, causing the cat to aspirate and die when she was fed via the tube.
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The trial court held that the defendants were not liable as a result of the cat was so sick she was prone to die anyway, and thus dismissed the criticism. The cat was 10-years old when she was introduced in as a result of she was acting a “little sluggish” and had not eaten in a pair days. Through discovery and at trial, it was observed that the cat had a septic abscess on her liver with a 79% mortality price. On appeal right here, this court docket first took issue with the trial courtroom’s discovering for causation within the negligence evaluation. This courtroom found that the proof was “undisputed” that the cat died on account of the improperly positioned feeding tube, which was additional supported by x-rays exhibiting the feeding tube within the trachea somewhat than the esophagus. Because the trial court docket didn’t discover causation, damages weren’t addressed.
Here, the courtroom famous that home pets are thought of personal property in Tennessee. The regulation … Read More