1. J. Amer. Med.147 Cong. Rec. S692-4 (daily ed. Jan. 30, 2001). See also, Dog-Loving Senators Invited to Join Veterinary Caucus, Ass'n, Apr. 1, 2001.
2. As of October 2005, pet trust statutes had been adopted by Alaska, Arizona, Arkansas, Colorado, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Michigan, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oregon, South Carolina, Texas, Utah, Virginia, Washington, and Wyoming. In addition, California, Missouri, Tennessee, and Wisconsin have passed laws that validate trusts for the care of animals but don't address the appointment of an individual to enforce the intended use of the funds. Nine other states—Alabama, Connecticut, Delaware, Massachusetts, Minnesota, Oklahoma, Pennsylvania, Rhode Island, and West Virginia—have legislation pending that validates enforceable trusts for the care of animals.
3. See, Campbell v. Animal Quarantine Station, 632 P.2d 1066, (Sup. Ct. Haw. 1981) (awarding emotional distress damages resulting from the state’s negligent transportation that resulted in the death of a family’s pet dog. The dog was being transported to a private hospital and died of heat prostration from being transported in an inadequately ventilated van in the hot sun. The court upheld the award even though the family members did not witness the death or dead body). This case has been criticized and distinguished twice. The court has occasionally awarded non-economic damages. See, e.g, Brown v. Crocker, 139 So.2d 779 (2nd Cir. 1962); City of Garland v. White, 368 S.W.2d 12 (Tex.App. 1963).
4. J. Amer. Med..Texas law permits the recovery of the intrinsic value of personal property where neither the market value nor replacement value is appropriate. See Petco Animal Supplies Inc. v. Schuster, 144 S.W.3d 554 (Tex. App. 2004). See Rebecca J. Huss, Recent Developments in Animal Law, Tort Trial & Prac. Law J. 233, 249 (2005) (citing Bluestone v. Bergstrom No. 00CC00796 (Cal. Sup. Ct., 2003). See also R. Scott Nolen, California Dog Owner Awarded $39,000 in Veterinary Malpractice Suit, Ass'n, Apr. 15, 2004. See also Mercurio v. Weber, No. 51036U, slip. op. (N.Y. 2nd Dist. Ct. 2003).
5. Pickford, v.Masion, 98 P.3d 1232 (Wash. App. Div. 2003).