eNotes: Liability – September 2024 – Federal

SIGNIFICANT CASE SUMMARIES

Federal Case Summary

Witters v. Smith
United States District Court for the Middle District of Pennsylvania
No. 1:23-CV-1441, 2024 U.S. Dist. LEXIS 102346

Decided: June 10, 2024

District Court confirms that Pennsylvania law does not allow for loss of consortium and companionship claim for pets.

Background

Agents of the Pennsylvania Board of Probation and Parole officers allegedly shot and injured Plaintiffs’ dog while on Plaintiffs’ property. Plaintiffs brought suit under several theories including loss of consortium and loss of companionship of the dog. Defendants filed a Motion to dismiss.

Holding

The District Court granted Defendants’ Motion to dismiss as to Plaintiffs’ loss of consortium and loss of companionship claims. The Court noted that Pennsylvania case law has “steadfastly maintained” that loss of consortium claims are exclusively for spouses, and Pennsylvania has never recognized a loss of companionship claim based upon injuries to a family pet.

Questions about this case can be directed to Brook Dirlam at (412) 926-1438 or bdirlam@tthlaw.com.