Plotnik v. Meihaus
California Court of Appeals
146 Cal.Rptr.3d 585 (2012)
Relevant factsFree
After a contentious fence dispute, neighbor John Meihaus (defendant) struck the Plotniks' (plaintiffs) small dog, Romeo, with a baseball bat after the dog ran onto his property, requiring surgery to repair the dog's leg. A jury awarded the Plotniks roughly $50,000 for economic loss and emotional distress arising from this trespass to their dog; Meihaus appealed, challenging the emotional distress award.
IssueFree
Whether damages for emotional distress may be recovered in an action for trespass to personal property.