Irwin v. Deresh

The issue on this appeal is whether the owner of a dog, attacked and injured by a second dog, may recover resulting veterinary costs from the second dog’s owner. After a jury-waived trial and upon finding the defendant-appellants, Irina Deresh, d/b/a Boston Kennels, and Arkady Degtiarov (“defendants”), liable under G.L.c. 140, §155, the trial court awarded damages to the plaintiffs, Marcia and John Irwin (“plaintiffs”), in the amount of their veterinary costs.4 The defendants contend that the measure of damages should not have been the cost of treating the injured dog, but rather the…