Judge Rules Out Emotional Damages in Dog’s Death

An Orange County Municipal Court judge decided Wednesday that a Yorba Linda couple cannot seek emotional damages for the accidental death of their purebred Catahoula hound.

According to Encino animal-law attorney Michael Rotsten, who represents William and Shirley Simon, the setback is only temporary.

The wording in the original complaint, he said, needs to be “tightened” before it can be filed again.

Deputy County Counsel Irving Berger said he is doubtful that Rotsten will succeed.

“I don’t see how they can amend it successfully,” he said. “But that remains to be seen.”

The judge’s decision puts the Simons’ lawsuit in limbo until their attorney refiles the complaint.

In 1994, the Simons’ pet, Madeline, was impounded at the Orange County Animal Shelter for being a chronic stray and threatening strangers with vicious behavior.

Less than two weeks after she was taken in, she was inadvertently euthanized. According to Animal Control Director Judy Maitlen, a worker didn’t read Madeline’s entire file and therefore didn’t know that the pet was under investigation--and not to be considered for either adoption or being put to sleep.

Rotsten said that an initial $500 offer to replace the dog was not enough; the couple suffered shock and distress, and sought bereavement counseling.

Berger said the couple are entitled to the market value of the dog and nothing more.

“The law is clear that there is no cause of action arising from emotional distress from loss of property,” he said.

The Simons did not return calls Wednesday afternoon. After a hearing last month, Shirley Simon said that referring to Madeline as a possession was “cold.”

Professionally trained, Madeline slept with the couple, greeted them at the end of their workday, even shared ice cream with William, she said.

“She was like our child,” she said. “I don’t want this to happen again to anyone else. It’s a life they took--a life.”