Katsaris

I concur and dissent.

Today we speak of but the killing of two dogs—perhaps not a thing of great moment to some—but to others the loss of a dog leaves memories of loyalty and devotion seldom equalled in any other relationship. In the words of Lord Byron: “Near this spot are deposited the remains of one who possessed beauty without vanity, strength without insolence, courage without ferocity, and all the virtues of Man, without the vices. This praise, which would be unmeaning flattery if inscribed over human ashes, is but a just tribute to the memory of Boatswain, a dog.” (Lord Byron, Inscription to the monument of a Newfoundland dog (1808).)

When Mr. Katsaris returned home in the evening of May 17, 1982, to find his two Belgian Tervuren sheep dogs missing he immediately undertook what eventually turned into a 10-day vigil and nightmare in search of his 2 “constant companions” and “protector[s].” He went to all of his neighbors with pictures of the dogs seeking information from anyone who might have seen them. He got up early in the morning and called and walked the woods. He went into town. He checked with the dog pound daily. The local radio station cooperated with…

*261 Opinion

Plaintiff and appellant, Steven Katsaris, brought an action for damages, negligence and intentional infliction of emotional distress resulting from the shooting of his two dogs by defendant and respondent, Melvin Kenneth Cook. Also named as defendants were Cook’s employers, Robert C. and Betty Harvey. Defendants’ motion for a judgment was granted at the close of plaintiff’s case and judgment entered. Plaintiff appeals. We affirm the judgment as to plaintiff’s claims for damages and negligence, but remand the emotional distress claim to the trial court for its further consideration.

I.

Steven Katsaris lived alone on a 120-acre plot of land adjacent to an 80-acre ranch occupied by Mr. and Mrs. Harvey. Katsaris kept two Belgian sheep dogs—a female who was his pet and a male who had been specially trained to provide personal protection for Katsaris. As was his custom when he left town, in May 1982, when Katsaris was away on business he left the dogs in the care of two neighbor boys, Patrick and Jeff Schuette, 15 and 14 years old respectively. About 8 a.m. on May 17, 1982, while the boys were cleaning the dogs’ kennels, the sheep dogs wandered away and would not come…

POCHE, Acting P.J.

Plaintiff and appellant, Steven Katsaris, brought an action for damages, negligence and intentional infliction of emotional distress resulting from the shooting of his two dogs by defendant and respondent, Melvin Kenneth Cook. Also named as defendants were Cook's employers, Robert C. and Betty Harvey. Defendants' motion for a judgment was granted at the close of plaintiff's case and judgment entered. Plaintiff appeals. We affirm the judgment as to plaintiff's claims for damages and negligence, but remand the emotional distress claim to the trial court for its further consideration.

Steven Katsaris lived alone on a 120-acre plot of land adjacent to an 80-acre ranch occupied by Mr. and Mrs. Harvey. Katsaris kept two Belgian sheep dogs — a female who was his pet and a male who had been specially trained to provide personal protection for Katsaris. As was his custom when he left town, in May 1982, when Katsaris was away on business he left the dogs in the care of two neighbor boys, Patrick and Jeff Schuette, 15 and 14 years old respectively. About 8 a.m. on May 17, 1982, while the boys were cleaning the dogs' kennels, the sheep dogs wandered away and…