Legal Opinion · Dissent

Price v. Brown

Supreme Court of Pennsylvania

Decided July 31, 1996Published

1DissentCastille, Justice

The majority here holds that a complaint based upon a breach of bailment agreement is insufficient to state a cause of action against a veterinarian who performs surgical procedures on an animal where the animal suffers an injury or expires as a result of these procedures. Instead, the majority creates a new cause of action, veterinary medical malpractice, and holds that in such situations as here this new cause of action extends to veterinarians who perform surgical or medical procedures on an animal in a negligent manner. Because I believe that bailment theories are adequate to address such…

2Cases cited7 opinions

  1. SMALICH v. WestfallSupreme Court of Pennsylvania · 1970
  2. Schell v. Miller North Broad Storage Co.Superior Court of Pennsylvania · 1940
  3. Taylor v. Philadelphia Parking AuthoritySupreme Court of Pennsylvania · 1959
  4. Conn v. HunsbergerSupreme Court of Pennsylvania · 1909
  5. Toole v. MillerSupreme Court of Pennsylvania · 1953

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