Ponder v. Angel Animal Hosp., Inc., 15503

Decision Date28 December 1988
Docket NumberNo. 15503,15503
Citation762 S.W.2d 846
PartiesSusie R. PONDER, Plaintiff-Appellant, v. ANGEL ANIMAL HOSPITAL, INC. and Phillip G. Trokey, D.V.M., Defendants-Respondents.
CourtMissouri Court of Appeals

Richard L. Anderson, Anderson & Selby, Kimberling City, for plaintiff-appellant.

Robert W. Schroff, John G. Newberry, Schroff, Glass & Newberry, Springfield, for defendants-respondents.

PREWITT, Judge.

Plaintiff asserted that she took her male Chow Chow dog to Angel Animal Hospital, Inc. (Angel) for "the limited purpose of grooming and clipping" but he was instead castrated there due to the "negligence" of defendant Phillip G. Trokey, a doctor of veterinary medicine. Trial commenced before a jury and at the close of plaintiff's evidence the trial judge directed a verdict for defendants. Plaintiff appeals.

The question here is whether sufficient evidence was presented to entitle plaintiff to an award of damages. Generally the measure of damages to animals is their difference in fair market value before and after the injury. Wright v. Edison, 619 S.W.2d 797, 802 (Mo.App.1981). There was no evidence of a reduction in value of the dog due to the castration, or any evidence showing a monetary loss due to it to the plaintiff. Actionable negligence requires proof that the claimant was injured. Wise v. Sands, 739 S.W.2d 731, 734 (Mo.App.1987). Plaintiff failed to prove any such loss.

Appearing to acknowledge that this court may find that she failed to prove any damages, plaintiff states that she should be entitled to receive "at minimum nominal damages, the amount to be determined by the jury". That contention has no merit. As damages are an element of a cause of action for...

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1 cases
  • Walker Mobile Home Sales, Inc. v. Walker, s. WD
    • United States
    • Missouri Court of Appeals
    • 10 Febrero 1998
    ...are an element of a cause of action for negligence, nominal damages cannot be awarded on such a claim." Ponder v. Angel Animal Hospital, Inc., 762 S.W.2d 846, 847 (Mo.App.1988). For the same reasons we noted above, the verdict was just. Walker obtained everything for which he had bargained.......
2 books & journal articles
  • Section 13 Negligence Actions
    • United States
    • The Missouri Bar Damages Deskbook Chapter 1 Damages Generally
    • Invalid date
    ...290 S.W.2d 133, 138 (Mo. 1956) Eickmann v. St. Louis Pub. Serv. Co., 253 S.W.2d 122 (Mo. 1952) Ponder v. Angel Animal Hosp., Inc., 762 S.W.2d 846, 847 (Mo. App. S.D. 1988) Wise v. Sands, 739 S.W.2d 731, 734 (Mo. App. S.D. 1987) Quick v. All Tel Mo., Inc., 694 S.W.2d 757, 759 (Mo. App. E.D. ......
  • Section 7 Tort or Contract
    • United States
    • The Missouri Bar Damages Deskbook Chapter 13 Contractual Actions
    • Invalid date
    ...the kind of damages they will be able to recover and the differences in proof of those damages. In Ponder v. Angel Animal Hospital, Inc., 762 S.W.2d 846 (Mo. App. S.D. 1988), the plaintiff did not prove any actual damages and was not entitled to nominal damages because she had brought her a......

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