The New Jersey Supreme court hears its first cases of the 2010-11 term in this September 2010 file photo. MORRIS PLAINS — New Jersey's Supreme Court will consider whether a dog owner can sue for emotional distress after seeing another dog kill her pet.
The law currently considers pets property for which only economic damages may be sought.
The Daily Record of Parsippany reports the case stems from the 2007 attack of a Maltese-poodle mix by a larger dog in Morris Plains. Joyce McDougall watched her dog, "Angel," mauled to death.
McDougall was awarded $5,000 for replacement of the dog. But the judge determined she was not entitled to damages for emotional distress even though she regarded "Angel" as a family member.
A state appeals court agreed, saying emotional distress damages apply only if the person sees the traumatic death of a human who is a close family member.