Neighbors had a long-standing dispute. At one point, the neighbor who owned a 12-15 pound dog named Romeo heard Romeo bark, then squeal, opened the gate to his yard and saw defendant holding a baseball bat. He called out, “Why did you hit my dog?” Defendant responded: “You need to be more courteous and get your dogs to stop barking.” Romeo needed surgery for an injury to his right rear leg and a stroller to get around after the surgery. A jury awarded emotional distress damages to Romeo’s owner, and the appellate court upheld the award. Plotnik v. Meihaus (Cal. App. Fourth Dist., Div. 3; August 31, 2012) 208 Cal.App.4th 1590.
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