[ SHOWGSD-L ] Fwd: [NRKC] Fw: A Look at 2011: A Dog's Perspective
- From: Diane <texasgsds@xxxxxxxxx>
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Sat, 31 Dec 2011 11:07:48 -0600
Sent from my iPhone
Begin forwarded message:
> From: cheryl jacoby <uptasnuf@xxxxxxxxx>
> Date: December 31, 2011 10:57:19 AM CST
> To: nolan river kennel club <nrkc@xxxxxxxxxxxxxxx>
> Subject: [NRKC] Fw: A Look at 2011: A Dog's Perspective
> Reply-To: NRKC@xxxxxxxxxxxxxxx
>
>
>
> --- On Sat, 12/31/11, TexasDogCommission@xxxxxxxxx
> <TexasDogCommission@xxxxxxxxx> wrote:
>
> From: TexasDogCommission@xxxxxxxxx <TexasDogCommission@xxxxxxxxx>
> Subject: A Look at 2011: A Dog's Perspective
> To: uptasnuf@xxxxxxxxx
> Date: Saturday, December 31, 2011, 10:46 AM
>
>
>
>
>
> We woof you a Happy New Year! Zandra, Zeus & Zena
>
> A Message from Zandra, Anderson, Texas Dog Lawyer and Founder of Texas Dog
> Commission
>
> A Look at 2011: A Dog's Perspective
> by Zandra Anderson
>
> BSL: What Didn't Happen
> The year is coming to a close and one of the most important things about 2011
> is what didn't happen. Former Judge Cynthia Kent went on a witch hunt and
> attempted to villify the owners of American Pit Bull Terriers by making them
> third degree felons for simply owning one of these dogs. As a secondary
> position, Kent sought to put serious restrictions on ownership including
> mandating secure enclosures meant for dogs that had been legally deemed
> dangerous and astronomical insurance requirements for dogs that had never
> done anything.
>
> The barks and howls of dog folks and that of the Texas Dog Commission dealt a
> preemptive blow to the sponsorship of Kent's bills in the 2011 Texas
> Legislature. Fortunately, Kent failed to find a sponsor for these far
> reaching bills, but that would not have happened had it not been for the
> serious outcry of opposition.
>
> The Truth about Medlen (Special Value for the Loss of Dogs)
>
> In Medlen v. Strickland, the Ft. Worth Court of Appeals held (November 3,
> 20111) that a dog owner may be awarded damages based on the sentimental value
> of lost property because such damages can be awarded in other property cases.
> The Medlen's dog was erroneously killed by animal control.
>
> The 1891 case of Heiligmann v, Rose, 16 S.W. 931 (Tex. 1891) held that
> damages for dogs may be the fair market value or some special value. There
> has been a myth in Texas law that dogs are only worth the fair market value.
> That has not been the law since 1891 according to the Texas Supreme Court
> regardless that some appellate courts have stated otherwise. Medlen correctly
> pointed that out as well as the fact that intrinsic value damages have been
> awarded for the loss of other personal property such as trees and heirlooms.
>
> All the furor that this case has opened up a whole new avenue for damages in
> pet cases is misplaced. This case merely followed with the Texas Supreme
> Court stated well over a hundred years ago regarding special value for the
> loss of dogs which did not preclude intrinsic or sentimental damages.
>
> In March of this year, a Harris County judge allowed an issue on the special
> value of a dog that had been killed in a professional liabilty case based on
> the Heiligmann case which he correctly recognized to be the prevailing
> Supreme Court law. All of the organizations that jumped on the bandwagon to
> oppose Medlen simply did not understand the law as it has been since 1891.
> Importantly, there is no need to worry about vet costs going up due to this
> case as has been erroneously suggested. (Kudos to Attorney Randy Turner for
> an excellent job in this appeal.)
>
> In conclusion, I am grateful to everyone that made it possible for me to
> continue sharing my home with Zeus and Zena. As for the upcoming year, the
> Texas Dog Commission pledges to be ever vigilant to protect dogs and their
> owners from ill conceived laws and particularly any breed specific
> legislation. May you and your dogs bring in the New Year in good health and
> all the best for 2012! Woof!
>
> Z³ = Zandra, Zeus & Zena
>
> DONATE at www.TexasDogCommission.com (by PayPal or any major credit card).
> Please, donate whatever you can to this cause so that our voices can
> continued to be heard all over Texas.
>
> SIGN UP: If you are not on the mailing list for Texas Dog Commission, you can
> sign up to receive emails about legislation affecting our dogs and our rights
> to own them. Go to www.TexasDogCommission.com and look on the left lower side
> of the homepage to Receive Email Alerts. You will receive email alerts about
> proposed laws that affect dogs and your email address will be not shared or
> sold ever.
>
> ©2011 Texas Dog Lawyer | Texas Dog Commission c/o Zandra Anderson: 7941 Katy
> Freeway, No. 412. Houston, TX 77024-1924
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