Percy the bulldog: a lawsuit

Dog NewsHere’s a New York story. Percy, a five-year old French Bulldog, was a pet belonging to a couple living on Manhattan’s West End Avenue. They went out of town and left their dog at a facility in Queens, called “Doggie Love.” The next day — well, let the New York Post describe it, as based on the affidavit filed by the couple in Queens Supreme Court:

One worker drove the dog — whose breathing and ability to regulate heat were already limited because he was a “flat-faced” breed — from Astoria to the couple’s apartment on West End Avenue in the back of an enclosed Econoline van, the suit says.

The employee then dropped off the obviously ailing Percy inside the empty apartment — despite the building’s doorman and a federal judge who lives next-door asking if they could get the dog water or call a vet, according to the papers.

Percy was discovered dead, splayed out in front of an air conditioner, a few hours later.

Vets examined Percy’s body that night and found evidence that his body temperature was “notably high” and he had suffered seizures, the suit says.

“The emptiness that has been left by Percy’s death and the anguish we suffered has not and will never be filled or go away,” the couple said in the lawsuit, which seeks at least $1 million in damages.

Doggie Love was initially sympathetic to their heartbreak but soon grew cold, with owner Nilo Mathias telling the couple that “sometimes, dogs just die,” the suit alleges.

A million dollars. I don’t know how much history there is of suits like this being successful. Dogs are generally regarded by the courts as property, and as such what’s usually at stake is just the monetary value of the animal, which even in the case of a pedigreed pooch would be no more than a few grand. I’m not saying that’s right: I’d be devastated if anything happened to my dog, and no price could be placed on her. And anyone responsible for harming her would have to reckon with my deadly vengeance, sinner that I am. But, it’s a hill to climb to prove harm in court beyond the monetary value of the animal. Obviously this couple is maintaining that Percy was very dearly beloved and his loss, under such allegedly horrific circumstances, has caused them deep pain and anguish for which they deserve this kind of compensation. And perhaps they can maintain that the damages will discourage “Doggie Love” from doing anything like what they allege again.

My wife, who has a far better legal mind than I, immediately spotted an avenue of defense for the dog care facility, “Doggie Love,” based on the details in the New York Post story. Actually, more than one, but the main one is this: Why (the defense lawyer might ask) if the couple valued Percy so highly, and were so in love with him, did they arrange for him to be dropped off by Doggie Love to an empty apartment? He was alone for hours before being discovered. Why did they not pay for him to be kept longer, so that they could be home when he was returned (or even pick him up themselves)?

Via their website, one can see that Doggie Love charges $50 a night for boarding. Must sound awful expensive to people outside NYC, but it’s really par for the course in the metropolitan area. Were Doggie Love to keep him a few more hours, perhaps they would have charged another whole $50, similar to how car rental companies calculate their fees. That’s a lot. But the dog owners are also now asking a lot: One million dollars, to be precise.

I sympathize with the bereaved former owners of Percy. I really do. But lawsuits demanding huge sums from businesses for alleged negligence are also something I instinctively question, where the consumer might have used a little more commonsense. The court will decide on which side justice lies (unless it gets settled out of court) and so be it.

For the rest of us, the story highlights the dilemma of what to do with one’s dog (or dogs) when one travels. Certainly, no one can give your dog the care that you can give. A dog separated from its owner is a dog that is anxious and unhappy; I don’t care how fancy the doggie-care facility is. In addition, there are many idiosyncrasies of your dog that strangers will simply be oblivious to. Some of them, health-wise, could be very important (as perhaps this dog’s difficulties breathing). Some people go to great lengths therefore never to leave their dog (or dogs) with anyone — especially not strangers. It might mean simply not traveling. On the other hand, you might be able to find hotel accommodations which will accept your dog, and, if you have a small pooch, you might be able to bring it with you in the cabin when you fly. Still, international travel poses much greater obstacles, in terms of quarantine and such, and sometimes you may have no choice. In that case, you’re lucky if you have someone very familiar who can care for your canine.


It’s one area — the only one — in which I envy cat owners. Cat’s generally seem so independent and tough that it is as nothing to throw some food in a bowl and leave them alone for two or three days.

Maybe the trick is to get a cat, and have it train your dog in independent living …

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2 Responses to “Percy the bulldog: a lawsuit”
  1. My prediction is they’ll settle for 10 thousand. R.I.P Percy.

  2. I am the person that found Percy dead. I was his regular dog walker and came to pick him up at 8pm to take him home with me for the night. Doggie Love had dropped him off at 4pm. When I opened the door there was a bad smell and Percy wasn’t responding to my calls to come. I searched the apartment and found him dead and stiff in a small office space next to the kitchen. He was also quite dirty and had no water there.
    Your wife suggests that leaving a dog alone for 4 hours is careless on the owners part, but I disagree. Percy was a healthy and happy 5 year old dog and that amount of time alone is entirely normal. And to suggest that the owners were too cheap to shell out another $50 couldn’t be further from the truth. They would have done anything for that dog and you are wrong to be suggesting otherwise.

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