Draft the appellate brief making the best possible argument

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Reference no: EM133818133

Assignment: Animal Law Case

Civil Appeal: Conner v. Edwin Murky, DVM. Conner filed a lawsuit against Dr. Murky for veterinary negligence which resulted in the death of her 10 year old, neutered, mixed-breed dog, Balthazar.

Balthazar had a number of health issues during his life. Conner used Dr. Murky for many years as her vet. Conner spent over $10,000 over Balthazar's lifetime with Dr. Murphy's office in vet checks, medications and procedures. Dr. Murky knew that Conner was always willing to spend whatever was required to provide excellent care for him.

Balthazar did not die immediately after the veterinary error, but was in critical condition. Conner drove Balthazar to a specialist clinic several hours away, and incurred over $5,000 over the next two weeks trying to save his life.

Ultimately, Balthazar was humanely euthanized at Conner's request once the specialists concluded that there was no reasonable likelihood of returning him to health. It is unknown how long Balthazar might have survived if not for the euthanasia, but the veterinarian specialist said that he would have likely remained largely immobile, incontinent, and in some degree of discomfort.

Conner missed several days' work driving Balthazar's back and forth to veterinary specialists and otherwise attending to his medical condition. Lost wages = $500.

Conner was so upset by the death of her pet that she missed work several days ($500 value in additional lost wages), was depressed and despondent, and sought professional help to cope with her loss. Conner spent $2,500 in counseling to cope with her grief.

Balthazar grew up with Conner's two children, slept on their beds, and developed a close relationship with the entire family. Balthazar seemed to have an uncanny ability to know when someone in the family was sick or sad, as he would approach them and lie his chin down on their arm or leg. Although the family adopted another dog who they love very much, they all agree that it is not the same.

The Parties agree that the fair market value for a dog of similar age, breed, and condition is $100.

The trial court found that the dog died as a result of veterinary negligence, but denied all claims for damages except fair market value; therefore was awarded $100. Your job is to appeal this ruling. You know you have an uphill battle, but your client wants the chance to change the caselaw in Ohio with a favorable appellate ruling.

Instructions

Draft the civil complaint.

A. Draft the appellate brief, making the best possible argument for the most damages under various theories of relief. Try to make a good faith argument under multiple causes of action.

B. Follow Ohio Appellate Rules for the content, length, and structure of your brief

C. This hypothetical case occurs in Ohio. You may and should cite caselaw from other jurisdictions, but remember that you must use these cases as a persuasive authority within the context of Ohio law, even where you are advocating a new approach in Ohio.

The grade for this project will be based on:

1) Clarity
2) Creativity,
3) Thoroughness and the
4) Compelling nature of your argument.

Reference no: EM133818133

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