McMahon v. Craig

In McMahon v. Craig, 176 Cal. App. 4th 222, 97 Cal. Rptr. 3d 555 (Ct. App. 2009), the court addressed whether a veterinarian's malpractice harmed the pet owner in such a way as to allow the owner to recover damages for the emotional distress he had suffered over the death of his pet. The court distinguished, as we have, between an injury that can give rise to such damages from one that cannot. Id. at 563. Although speaking in terms of duty, the court's reasoning is similar to ours here. The court explained: In support of her claim, McMahon cites a series of cases in which a duty arose by virtue of a doctor-patient relationship. But although a veterinarian is hired by the owner of a pet, the veterinarian's medical care is directed only to the pet. Thus, a veterinarian's malpractice does not directly harm the owner in a manner creating liability for emotional distress. Id. at 561.