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Verdict range $0 - $100,000
ARTICLE ID 182720
$________ Contract - Unauthorized breeding by dog caretaker - Conversion of funds from sale of puppies - Action for replevin.
Volusia County, FL
The plaintiff was a non-profit organization which placed
breeder golden retrievers with caretakers to breed puppies for
training as handicapped service dogs. The plaintiff brought this
action against the defendant who was such a caretaker under a
written contract. The plaintiff alleged that the defendant
breached the contract by allowing an unauthorized breeding of the
animal in her care with a standard poodle. The plaintiff claimed
the defendant then converted the plaintiffs property by selling
the puppies and keeping the proceeds. The plaintiff sought
monetary damages, as well as replevin of the golden retriever
and/or her puppies. The pro se defendant argued that the breeding
was accidental and that the golden retriever in her care was
unsuitable for breeding due to a skin condition.
Under the contract signed by the plaintiff and the defendant, the
defendant was entitled to keep the golden retriever in her care
after a certain number of litters had been obtained. The contract
also stated that the defendant had an obligation to breed the
animal only with sires provided by the plaintiff.
However, evidence showed that a neighbors standard poodle jumped
the fence into the defendants yard and an unauthorized breeding
of the golden retriever took place. The defendant then sold the
resulting puppies through the internet as designer "Labradoodles"
and kept the proceeds, according to the plaintiffs claims. The
plaintiff claimed damages for loss of breeding services of the
dog for a period of time and conversion of the puppies. The
plaintiff sought replevin of the golden retriever and or puppies
which had been in the defendants care.
The defendant argued that the breeder dog had a skin condition
which rendered it unsuitable as a breeder. A report from the
defendants veterinarian was stipulated into evidence and
indicated that the golden retriever in question had a hereditary
skin condition and was not suitable for breeding. The defendant
argued that the dogs condition released her from the breeding
obligation outlined in the contract and she should own the dog
outright. The defendant maintained that the dog had been in her
care for several years and she was emotionally attached to the
animal.
The defendant called a veterinarian who testified that he
examined the golden retriever in question and found that its skin
condition was caused by flea infestation. The defendants
veterinarian testified that, after a prescribed course of
medication, he examined the dog again and found that the flea
infestation was gone and the skin condition had disappeared. The
defendant failed to produce the golden retriever for a third
examination by the defendants veterinarian per court order. The
jury was instructed that it could infer that the result of such a
third veterinarian examination would not have been favorable to
the defendant.
The jury found for the plaintiff on all counts and also ordered 3I 3 that the dog and/or puppies be returned to the plaintiff. The
plaintiff was awarded $________ on the breach of contract claim and
$________ on the conversion claim, for total damages of $________. The
plaintiffs motion for contractual attorney fees and costs is
pending.
5 ways to win with JVRA
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- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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