Sentimental Value Counts

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

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

Thanks, Queen Bey

Pop icon Beyoncé donates $100,000 to University of Houston Law School

Photo by Erza Shaw Getty Images

undefined

Pop megastar Beyoncé Knowles-Carter has donated $100,000 to the University of Houston Law Center Criminal Justice Clinic through her BeyGOOD Foundation. The gift will allow the clinic to hire fill-time faculty to head it, benefiting the students who study there.

“I am delighted that the BeyGOOD Foundation has made this very generous gift to the UH Law Center,” said Leonard Baynes, dean of the UH Law Center. “Not only will this funding help establish a full-time criminal justice clinic that provides pro bono legal services in our community, but it will also supercharge our already excellent criminal law and justice programming.”

The clinic is one of nine at UHLC. It helps students learn to navigate the criminal justice system, especially on behalf of clients that are underserved by skilled attorneys. People of color are affected disproportionately by a lack of good, ethical representation.

Beyoncé, the most decorated artist in Grammy history and easily the biggest musical star native to Houston, has a long history of advocating for criminal justice reform. She was a staunch supporter of the police reform following the deaths of Alton Sterling and Philando Castile, asking law enforcement to “stop killing us” in a web post. In 2020, she penned an open letter to the Kentucky attorney general asking for justice in the death of Breonna Taylor.

Through her BeyGOOD Foundation, established in 2013, Beyoncé has focused mostly on expanding the prospects of Black-owned business and offering education opportunities to students. Forwarding the cause of legal representation in Texas while also helping out marginalized communities compliments her other philanthropic work.

“At UH Law, we envision a legal profession where ‘everyone has the opportunity to prosper,’ as BeyGOOD envisions, and we will achieve this vision by providing access to strong and effective legal representation in criminal proceedings,” Baynes said. “And together, through this gift, the BeyGOOD Foundation and UHLC will shepherd the next generation of criminal justice attorneys in the city of Houston, the state of Texas and the nation.”