Analogy and Legal Reasoning
Rachel Paulson, an elderly woman with no living relatives and few close friends, lived in a small house with her longtime friend and constant companion Terri, a loveable Yorkshire terrier. One day she brought Terri into a veterinary clinic for a rabies booster. Dr. Curtis, the veterinarian on duty, had just returned from a three martini lunch, and, in place of the rabies vaccine, he negligently injected Terri with a lethal drug used to euthanize sick and dying animals. Terri died as a result of the injection. Paulson then filed suit against Curtis for the wrongful death of Terri, asking the court to award her damages for loss of companionship and emotional distress.
There are two controlling cases in this jurisdiction:
Maggie's Pets v. Healthy Treats, Inc. Maggie ran a pet store that offered a large number of cats and dogs for sale to the public. One of the pets was Posie, a toy poodle whom Maggie was particularly attached to. As a result of her fondness for Posie, Maggie was stricken with grief when Posie died after having been fed contaminated food made by Healthy Treats, Inc. Maggie filed suit against Healthy Treats for the wrongful death of Posie, and she asked the court to award her damages for loss of companionship and emotional distress. The court ruled against Maggie, holding that Posie was merely her personal property. As a result, Maggie was entitled to recover only what she would have received had she succeed in selling Posie to a customer.
Sanders v. Kinderclinic. When Mr. and Mrs. Sanders brought their six-month-old boy Tyler into the Kinderclinic for a check-up, the physician who examined him negligently used a stethoscope that was contaminated with a lethal staph bacterium. As a result, Tyler was infected with the bacterium, and he eventually died from the infection. Tyler's parents sued the clinic for wrongful death. The court found in favor of the parents, awarding them damages for loss of companionship and emotional distress.
Construct two arguments, one supporting Paulson, the other supporting Curtis.
Correct Answer:
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