Mitchell v. Heinrichs

27 P.3d 309 (Alaska 2001) · Supreme Court of Alaska · July 20, 2001 · No. S-8937

Summary

The Alaska Supreme Court reviewed claims arising from the shooting and killing of a pet dog, including conversion, intentional infliction of emotional distress, and punitive damages. The court affirmed dismissal of the emotional-distress and punitive-damages claims because the conduct was not sufficiently outrageous or malicious. It reversed dismissal of the conversion claim, holding that damages may be based on the pet’s actual value to the owner, including reasonable replacement or original costs, but not sentimental value.

Holdings

  1. The superior court properly dismissed the intentional-infliction-of-emotional-distress claim because Heinrichs's conduct, viewed in light of the threat to her livestock and her claimed concern for personal safety, was not sufficiently outrageous to go beyond all possible bounds of decency.
  2. The superior court properly dismissed the punitive-damages claim because Mitchell presented no material facts showing that Heinrichs acted with malice, a bad motive, reckless indifference, or conduct sufficiently outrageous to be equivalent to actual malice.
  3. Damages for the wrongful killing of a pet are not necessarily limited to fair market value. When the pet has little or no market value, the owner may recover the pet's actual value to the owner, including reasonable replacement costs or original cost.
  4. An owner may not recover sentimental value or companionship value as a component of the pet's actual value, although the owner may recover reasonable replacement costs, original cost, and other objective components of value to the owner.
  5. The destruction of a chattel gives rise to conversion rather than merely trespass to chattels.

Questions Presented

  1. Whether the evidence supported a prima facie claim for intentional infliction of emotional distress based on Heinrichs's shooting of Mitchell's dog.
  2. Whether the evidence supported an award of punitive damages for the shooting.
  3. Whether damages for the wrongful killing of a pet are limited to fair market value when the pet has little or no market value.
  4. Whether actual value to the owner may include reasonable replacement costs, original cost, services, or breeding potential, but exclude sentimental or companionship value.

Disposition

reversed_and_remanded

Cases Cited (18)

  • Richardson v. Fairbanks North Star Borough, 705 P.2d 454 (Alaska 1985)(followed)
  • Landers v. Municipality of Anchorage, 915 P.2d 614 (Alaska 1996)(followed)
  • Hawks v. State, Department of Public Safety, 908 P.2d 1013 (Alaska 1995)(followed)
  • Wal-Mart, Inc. v. Stewart, 990 P.2d 626 (Alaska 1999)(followed)
  • Chizmar v. Mackie, 896 P.2d 196 (Alaska 1995)(followed)
  • Martinson v. ARCO Alaska, Inc., 989 P.2d 733 (Alaska 1999)(followed)
  • McKibben v. Mohawk Oil Co., Ltd., 667 P.2d 1223 (Alaska 1983)(followed)
  • Green v. Leckington, 236 P.2d 335 (Or. 1951)(followed by analogy)
  • Williams v. Spinola, 622 P.2d 322 (Or. App. 1981)(followed by analogy)
  • Brousseau v. Rosenthal, 443 N.Y.S.2d 285 (N.Y.Civ. Ct. 1980)(distinguished_from)

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