Leith v. Frost

Plaintiffs, Mark and Mindy Leith, sued defendant, Andrew E. Frost, for tortious damage to their personal property, a dachshund named Molly. In a bench trial, plaintiffs presented evidence that defendant’s Siberian husky, Cosmo, intruded into their backyard and attacked Molly. The trial court found in plaintiffs’ favor but awarded them only $200, Molly’s fair market value, rather than the $4,784 in veterinary expenses they were seeking. Plaintiffs appeal from the award of damages, and defendant appeals from the finding of liability. To prevent the award of damages from being merely nominal, we…