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Animal Law Keyed to Wagman
Plotnik v. Meihaus
Citation:
146 Cal. Rptr. 3d 585, 208 Cal.App.4th 1590 (2012)Facts
David and Joyce Plotnik were involved in an ongoing dispute with their neighbor, John Meihaus, Jr., regarding their shared property line. On April 9, 2009, David Plotnik was in his backyard with his dog Romeo when the dog ran to the property line and began barking at Meihaus. According to testimony, Meihaus struck Romeo with a baseball bat, causing injuries including a broken tail that required partial amputation. The incident was part of a series of confrontations between the neighbors that included alleged trespassing and property damage. The Plotniks claimed they suffered emotional distress as a result of the injury to their dog and sued Meihaus and his sons for various torts including trespass, negligence, and intentional infliction of emotional distress.
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