Legal Question in Civil Litigation in Michigan
Breadth of a Civil lawsuit
In the state of Michigan and in the city of Novi, can you file a Civil lawsuit to include compensation for mental anguish, emotional distress or any other compensation? If so, how much is appropriate? A percentage of your lawsuit, as evidenced by receipts? The basis for our case is a breach of contract, as well as any other claims we may find appropirate such as negligence. The defendant(s) would be a store franchise owner and veterenarian clinic.
1 Answer from Attorneys
Re: Breadth of a Civil lawsuit
The rule in contract breach is that you cannot recover for mental anguish, etc. This is generally known as the economic loss doctrine, which holds that a person who enters into a contract can only be held responsible for damages in breach as they were foreseeable at the time of contracting.
You may ask for consequential damages in a negligence claim.
If your claim is for malpractice of a vet, a recent case has held that animals, even well loved pets, are still but chattel, and a plaintiff cannot recover for emotional distress when said pets are injured by someone else's negligence. The value of the animal, or the cost to make the animal right, is likely the maximum recovery in such a case.
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