Justia Animal / Dog Law Opinion Summaries

In the early morning of January 26, 2019, Simranjit Singh was driving a truck on Interstate 80 in Cass County, Iowa, when he hit a cow that had wandered onto the road. Singh was injured and his truck was damaged. The cow, owned by defendant Michael McDermott, was killed. Singh sued McDermott for negligence, claiming that McDermott was negligent in letting his cow wander onto the highway.McDermott moved for summary judgment, arguing that there was insufficient evidence to show that he was negligent. The district court granted McDermott's motion and Singh appealed. The Iowa Court of Appeals affirmed the district court's decision, and Singh sought further review from the Supreme Court of Iowa.The Supreme Court of Iowa affirmed the decisions of the lower courts, noting that the record did not contain sufficient evidence to support a finding of negligence by McDermott. The court clarified that the mere presence of a cow on the highway, without more, does not establish negligence on the part of the cow's owner. The court explained that the common-law duty of cattle owners is a "duty of ordinary care," such as the care an "ordinarily prudent and careful farmer exercises under like circumstances" to keep cows out of the highway.In this case, the court found no direct or circumstantial evidence of negligence on the part of McDermott, noting that there was no evidence of any unmended defects in his fence or that he failed to secure a gate. Singh's contention that the mere presence of the cow on the highway constituted "prima facie evidence" of negligence was rejected as this regime was a product of a now-repealed statute. The court also rejected Singh's reliance on the doctrine of res ipsa loquitur, finding that there was no evidence that a cow would not have escaped "in the ordinary course of things" if McDermott had used reasonable care. View "Singh v. McDermott" on Justia Law

In this case brought by a tenant against her landlord and a neighboring tenant alleging breach of the lease's no-pets provision the Supreme Court reversed the judgment of the district court dismissing the case, holding that the landlord's accommodation of an emotional support dog was not reasonable.Plaintiff moved into an apartment building because of its no-pets policy. Afterwards, another tenant requested a reasonable accommodation to have his emotion support animal (ESA), a dog, with him on the apartment premises. The landlord allowed the ESA and tried to accommodate the two tenants, but Plaintiff still suffered from allergic attacks. Plaintiff sued, alleging breach of the lease and interference with the quiet enjoyment of her apartment. The landlord asserted in its defense that its waiver of the no-pets policy was a reasonable accommodation that it was required to grant under the Iowa Civil Rights Act (ICRA). The small claims court concluded that the landlord's accommodations were reasonable. The district court dismissed the case. The Supreme Court reversed and remanded the case, holding (1) the landlord's accommodation of the ESA was not reasonable because Plaintiff had priority in time and the dog's presence posed a direct threat to her health; and (2) Plaintiff was entitled to recover on her claims. View "Cohen v. Clark" on Justia Law