Sunday, January 03, 2010
Nebraska Court of Appeals in an unpublished decision reduces Lancaster County Court small claims judgment from $2700 to about $150, the cost a veterinarian's bill homeowners incurred while caring for friends pet chihuahua dog she "bailed" to them for several months. Derr v. Linville, A-09-310This case involves the saga of Lola, the “left behind, but apparently much loved,” Chihuahua dog that the parties have litigated through three levels of our judicial system. Heather Linville (Heather) appeals from the decision of the district court for Lancaster County entering judgment in favor of Travis Derr (Travis) and Natasha Combs (Natasha) for $2,700, which the lower courts assessed against Heather because she left her dog, Lola, in the care and safekeeping of Travis and Natasha for nearly a year...the district court was clearly wrong in awarding judgment in the amount of $2,700, because under the applicable law, Travis and Natasha are only entitled to be reimbursed for actual expenses they incurred while caring for Lola, and the only proof of such was one vet bill. Therefore, Travis and Natasha are entitled to be reimbursed $152.98 for the July 2 vet visit. Thus, we affirm the judgment in favor of Travis and Natasha but modify such to the sum of $152.98.