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Peloquin v. Calcasieu Parish Police Jury

Louisiana Court of Appeal
367 So. 2d 1246, 1979 La. App. LEXIS 3932 (1979)
ELI5:

Rule of Law:

A person who possesses a movable property, such as a pet, has the same right as a legal owner to sue a third-party wrongdoer for conversion and may recover damages for mental anguish and humiliation, in addition to the property's value.


Facts:

  • Mrs. Peloquin found a kitten in or near her yard.
  • After asking her neighbors if they had lost a kitten and finding no owner, the Peloquin family took the cat in, named it "George," and raised it as a family pet for over seven years.
  • The Peloquins' neighbor, Mrs. Linscomb, borrowed an animal trap from the Calcasieu Parish Animal Control Center.
  • Mrs. Linscomb placed the trap in her yard and captured a cat, which the Peloquins allege was George.
  • Mr. and Mrs. Linscomb returned the trap with the enclosed cat to the Animal Control Center.
  • The cat was subsequently destroyed by the Animal Control Center.

Procedural Posture:

  • Robert Peloquin, on behalf of his family, filed suit in a Louisiana trial court against Mr. and Mrs. Linscomb and the Calcasieu Parish Police Jury for conversion of their pet cat.
  • Defendants filed exceptions of no right of action and no cause of action, arguing the Peloquins were not the cat's legal owners and thus could not sue for mental anguish.
  • The trial court maintained the exceptions, dismissing the Peloquins' claims for mental anguish and limiting their potential recovery to the cat's monetary value.
  • The Peloquins (appellants) appealed the trial court's dismissal of their non-economic damage claims to the Court of Appeal of Louisiana, Third Circuit, where the defendants (appellees) challenged the appeal.

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Issue:

Does a person who possesses a pet cat, but may not hold legal title of ownership, have a right of action to sue for mental anguish and other non-economic damages resulting from the cat's alleged conversion by a third party?


Opinions:

Majority - Foret, Judge

Yes. A possessor of a pet has the same right as a legal owner to sue for all damages, including mental anguish, resulting from the pet's conversion by a third party. Under Louisiana Civil Code Article 3454, a possessor is "considered provisionally as owners of the thing which they possess" against all parties except the true owner. The tort of conversion, as recognized in Louisiana and explained in the Restatement of Torts, Second, allows a person in possession of a chattel to bring an action against a wrongdoer. This right is not limited to recovering the mere monetary value of the chattel; it extends to all provable and compensable damages, which includes awards for mental anguish, humiliation, and inconvenience resulting from the wrongful dispossession of a pet.



Analysis:

This decision significantly clarifies the rights of possessors of movable property, especially pets, under Louisiana law. It establishes that the right to sue for conversion and seek non-economic damages like mental anguish is not contingent on perfect legal ownership. By equating the rights of a possessor with those of an owner against a third-party wrongdoer, the court provides legal protection for the emotional bonds formed with found or rescued animals. This precedent strengthens claims for emotional distress damages in cases involving the wrongful death or injury of pets, recognizing them as more than mere property with only a nominal market value.

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