The Appellate Division recently decided the case of McDougall v. Lamb, wherein
it held that an owner of a dog is not entitled to emotional distress damages where the owner actually witnessed the dog's death. It has been long held in New Jersey that a litigant is not entitled to emotional distress damages when their companion, a pet, is somehow killed as a result of someone else's negligence. The theory has long been that pets are merely "property" and as such, one is not entitled to emotional distress damages as the result of loss of same. In this regard, damages are strictly limited to the cost of replacement of that pet from a monetary standpoint.

The plaintiff in this case asserted a claim that she suffered emotional distress due to the fact that she actually witnessed her pet's death, as a result of by being viciously attacked by another dog. Her theory was that the other dog's owner's negligence caused her dog's death and, due to the fact that she witnessed same, she also suffered emotional distress. In this regard, New Jersey law holds that a litigant may be entitled to emotional distress damages when they actually witness the death of a close family member (Portee v. Jaffee). The plaintiff and her attorney here were looking to extend that doctrine to pets.

Unfortunately, the Appellate Division did not recognize the plaintiff's arguments and held that such emotional distress damages from witnessing a pet's death due to another's negligence is not compensible under New Jersey law.

In any event, it should be noted that there are various causes of action that the plaintiff in this case could have possibly asserted in which she would have been able to receive additionally monetary compensation. For instance, if she believed that she was somehow in danger as a result of the other dog's attack, she may have been entitled to emotional distress damage in that regard. Accordingly, a highly skilled, experienced personal injury attorney's guidance is required for to ensure that you receive all that you are entitled to under the law, should you find yourself in a situation similar to that described here.

The NJ Appellate Division recently held, in the case of Callo v. Allstate, that the plaintiff would not be able to collect on a $250,000.00 jury verdict against a co-student attacker from the attacker's parents' homeowners' insurance policy.

Generally, pursuant to New Jersey law, a homeowners' policy will not cover injuries sustained when its insured intends on causing the injury. Homeowners' policies are designed to cover injuries sustained when the insured homeowner engages in a negligent act, which results in another's injury. However, there is case law in New Jersey to suggest that coverage under a homeowner's policy of insurance will cover the unintended consequences of intentional acts. This means that if an insured intended on engaging in an act but did not intend the outcome of that act (i.e. personal injury) there may be coverage.

In this case, the defendant attacked the plaintiff while in school. After a trial, a jury entered a $250,000.00 verdict in favor of the girl who was attacked. The defendant's insurance company, Allstate Insurance, provided a defense to the attacker but refused to pay the jury's verdict. Instead, it filed a declaratory judgment action seeking a declaration from the court that it owed no duty to pay the jury's verdict. The Appellate Division agreed with Allstate, and held that the attacker intended to cause significant injury to the plaintiff, and, as such, the verdict was not covered under the policy of insurance.

In a case such as this, discovery must be conducted of the parties in an effort to establish that the attacker did not cause the specific type of injury that was sustained by the victim. In this regard, argument can be made to the courts that the victim's injury was merely an unintended consequence of an intentional act. Accordingly, it is important to see an attorney who specializes in a personal injury law practice in the event you are injured by a purported intentional act or assault.