In custody battles, legal disputes can get even messier.How does the system deter- mine who owns the dog, or whether the dog has been abandoned? These issues cropped up after Hurricane Katrina in 2005, when thousands of dogs and cats were stranded on the Gulf Coast. Original owners, rescue volunteers, shel- ter officials and adoptive families all wanted a say in the animals’ fates. What Florida dog lover doesn’t remember the case of Master Tank, the Saint Bernard renamed Noah when he was adopted by Pam Bondi, now Florida’s attorney gen- eral? After a 16-month battle with the Louisiana family that lost the dog during Hurricane Katrina, the case was settled before it went to trial, with Bondi returning the dog to its original owners.
readily
in
Florida than Kenneth
Newman, partly because of the tragic death of his Labrador Retriever Gracie in 2008. He and his family were returning to Florida from a North Carolina vaca- tion on that fateful day,when he asked his wife Heidi to pull off the
interstate.They were approaching the exit for the Magnolia Plantation,a gift shop and serv- ice station known for their pecans and peanuts. While there, Ken decided he’d top off the gas tank and give the dogs a walk. Their son, Dylan was in the back seat. Their dogs, Gracie and Sunshine jumped up from their positions in the rear cargo area of the station wagon to people-watch. Ken returned the dogs from their potty break and Sunshine jumped into
sort out the case, but eventually had to file a
lawsuit.Two years later, an insurance company attorney looked Newman in the eye and told him that even though they were liable, he wouldn’t get any more than the $800 market value for the death of his dog. “He said pets are just property,”Ken recalls. Anger inspired him to write a mem-
oir, Meet Me at the Rainbow Bridge,where- in he describes his lifelong connection with dogs. He also points out that in his life, and the lives of many others, pets are more than just property. Ken Newman would know about this subject matter firsthand.He has been a practicing veteri- narian for 33 years. He also harnessed enough rage to pen a legislative bill, hoping to garner
Sunshine, Hannah and Libby Newman. According to DVM News Magazine,
a trade publication for veterinarians, the American Veterinary Medical Association (AVMA), supports the position that pets are property and owners should be simi- larly compensated. Understandably, many in the profession fear new liability con- cerns if emotional damages are awarded in cases of malpractice or negligence. In cases of negligence, malice or an accident that results in the death of the family pet, trying to get more than market value is a slow and daunting process. Yet, many more pet owners are taking up the fight to change the laws. And AVMA is defi- nitely keeping a close watch on those cases, some of which are precedent-set- ting.
No one has taken up the cause more 72 THE NEW BARKER
the rear of the wagon. Gracie, on the other hand, required help getting up into the
car.As Ken lifted her into the rear of the wagon, neither he nor Heidi, both facing forward, could see the car backing up towards them, until it was too late. the rear of the car struck Ken and Gracie, pinning them between the two cars, as the tailgate fell on Ken's head, back and left leg. Heidi, unhurt, jumped out and yelled at the other driver to pull forward. Ken sustained a broken leg. Gracie
however, suffered devastating injuries, including several pelvic fractures and abdominal hemorrhaging. She did not
survive.Ken believes she saved his life by taking the brunt of the impact. Following the accident,the Newman's met with lawyers and insurance agents to
attention and change how Florida law looks at companion animals. Gracie’s Law would make pet owners eligible to receive up to $25,000 for loss of compan- ionship and pain and suffering in settled negligence or malice cases.
Dr.Newman has been to Tallahassee
during the 2011 and 2012 legislative ses- sions looking for someone to sponsor the
bill.As he continues to face barriers, often from folks within his own profession, he remains undaunted and is preparing for the 2013 legislative session. “Veterinarians have benefited from the human-animal bond, but the veterinary profession wants pets to remain property in the eyes of the law.We cannot have it both ways,” said Dr. Newman.
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