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    Sentimental Value Counts

    How much is a beloved pet worth? A heartbreaking unauthorized euthanizationcould change Texas law for the dogs

    Tyler Rudick
    Nov 13, 2011 | 1:57 pm
    • Jeremy and Kathryn Medlen with Avery
      Photo via WHAS11.com
    • Attorney Randy Turner

    Brace yourselves . . . this one's a tear-jerker.

    Kathryn Medlen adopted Avery from a homeless man when he was just a puppy. After she married and had two kids, Avery became a full-fledged member of the family. They took him camping, cooked him special meals and even allowed him to sleep in bed with the humans.

    Avery escaped from the Medlens' backyard during a summer thunderstorm in 2009, ending up at Fort Worth Animal Care and Control. Workers told the family to return in several days, so their dog could be properly microchipped. By no means a no-kill establishment, the shelter placed a "hold for owner" tag on Avery's pen to signify that the dog was not to be euthanized.

    Unfortunately, Animal Control worker Carla Strickland missed the tag.

    Under state law, Avery's mixed-breed heritage meant little financial compensation — until the lawyer discovered a loophole.

    "The Medlens came to see me about a year ago, wanting to know if they could press charges," attorney Randy Tucker tells CultureMap. An avid dog-lover, Tucker immediately took the case.

    Based on an 1891 ruling, he told the family, Texas only allowed plaintiffs to collect a dog's market value. Under state law, Avery's mixed-breed heritage meant little financial compensation — until Tucker discovered a loophole.

    "I found a 1963 Texas Supreme Court ruling that said if personal property is destroyed, even if it doesn't have market value, owners can sue for intrinsic or sentimental value." Across five decades, the ruling helped plantiffs win in cases involving personal items as varied as family photo albums, cowboy boots, antique brooches and even trees.

    On Nov. 3, the Second District of Texas Court of Appeals granted the Medlans the right to sue for sentimental value lost in the Avery's death, a ruling that now holds for the district's 12 Forth Worth-area countries.

    "Dogs are unconditionally devoted to their owners," judge Lee Gabriel said in the ruling, noting the important role pets maintain in a family and that "the special value of man‘s best friend should be protected."

    Both the American and Texas Veterinary Medicine Associations have plans to appeal the ruling.

    For those looking for a new animal family member, be sure to visit Houston's numerous shelters, including BARC and the SPCA. Also check out Petfinder for an amazing list of local pets available for adoption.

    unspecified
    news/city-life

    This Week's Hot Headlines

    Austin restaurant chain bowls over River Oaks and more popular stories

    CultureMap Staff
    Dec 27, 2025 | 11:00 am
    Honest Mary's restaurant exterior
    Photo by Becca Wright
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    Editor's note: It's time to look back at the top Houston news of the week, including restaurant openings and a major acquisition for MFAH. Plus, where to celebrate New Year's Eve in Houston. Catch up on our most popular stories below, then visit this guide to the best Christmas weekend events.

    1. Meet the men behind River Oaks' new destination for bowls and broth. On this episode of “What’s Eric Eating,” Honest Mary’s founder Nelson Monteith and COO Andrew Wiseheart joined CultureMap editor Eric Sandler to discuss the Austin-based restaurant that just opened its first Houston location in the River Oaks Shopping Center.

    2. Houston's only Michelin-recognized Tex-Mex restaurant now open in Bellaire. It didn’t take Sambrooks Hospitality Group long to turn Mandito’s into Candente. First announced in September, the restaurant’s second location officially opened December 22.

    3. 25 Houston restaurants celebrating New Year's Eve with caviar, bubbles, and more. Houston restaurants are ringing in the new year with indulgent menus featuring caviar, lobster, and steak, along with plenty of bubbly.

    4. Houston museum acquires historic Masonic lodge property for new greenspace. The Museum of Fine Arts, Houston has acquired a prime parcel to expand its campus in the Museum District.

    Holland Lodge masonic building The building at 4911 will be torn down for the new greenspace. Holland Lodge No. 1, A.F. & A.M./Facebook

    5. Houston's richest residents, best suburbs, and more top city news in 2025. As 2025 comes to a close, we're looking back at the stories that defined Houston this year. These are the City Life stories that captured Houston's attention.

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    news/city-life

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