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GOODBY v. VETPHARM, INC.

No. 08-030.

974 A.2d 1269 (2009)

2009 VT 52

Susan GOODBY and Robert Goodby v. VETPHARM, INC. d/b/a BCP Veterinary Pharmacy, Valerie Yankauskas, D.V.M., Paula Yankauskas, D.V.M., Cynthia Pratt, D.V.M., and Charles Powell, D.V.M.

Supreme Court of Vermont.

May 8, 2009.

Attorney(s) appearing for the Case

Pamela L. Dein, Bridgewater, and Steven M. Wise, Coral Springs, FL, for Plaintiffs-Appellants.

Thomas P. Simon of McCormick, Fitzpatrick, Kasper & Burchard, P.C., Burlington, for Defendant-Appellee Vetpharm, Inc.

Samuel Hoar, Jr. of Dinse, Knapp & McAndrew, P.C., Burlington, for Defendants-Appellees Yankauskas and Pratt.

Vincent Illuzzi, Orleans, and James E. Burns and Nicole A. Roth of Orrick, Herrington & Sutcliffe, LLP, San Francisco, CA, for Amicus Curiae Animal Legal Defense Fund.

Elizabeth H. Miller of Spink & Miller, PLC, Burlington, for Amici Curiae American Veterinary Medical Association and Vermont Veterinary Medical Association.

Michael Marks of Tarrant, Marks and Gillies, Montpelier, for Amici Curiae Vermont Federation of Dog Clubs, Animal Health Institute, American Kennel Club and Pet Industry Joint Advisory Council.

Present: REIBER, C.J., JOHNSON, SKOGLUND and BURGESS, JJ., and TOOR, Supr. J., Specially Assigned.

¶ 1. BURGESS, J.

This case presents two questions: first, whether noneconomic damages are available when a pet dies due to negligent or wanton acts of veterinarians and a pharmaceutical company; second, whether a claim for negligent infliction of emotional distress lies for the death of a pet when its human companion was not within any so-called zone of danger at the time of the mishap. We answer both questions in the negative and affirm the superior court's...

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