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McDOUGALL v. LAMM

No. A-2477-09T1.

JOYCE McDOUGALL, Plaintiff-Appellant, v. CHARLOT LAMM, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 10, 2010.

Attorney(s) appearing for the Case

Lewis Stein argued the cause for appellant (Nusbaum, Stein, Goldstein, Bronstein & Kron, P.A., attorneys; Mr. Stein, on the brief).

Brian R. O'Toole argued the cause for respondent (O'Toole & Couch, LLC, attorneys; Mr. O'Toole, on the brief).

Before Judges Wefing, Baxter and Koblitz.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM

This appeal requires us to decide whether a dog owner may maintain a claim for emotional distress when her pet dog is killed in her presence by another dog. Although plaintiff, Joyce McDougall, acknowledges that the loss of her dog's companionship is not compensable under New Jersey law, she maintains that the trial judge erred when he declined to award damages for the emotional...

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