Your client, Sanford Millstein, lives in a small condominium complex in Waterbury, Vermont. He keeps Madagascar Hissing Cockroaches as pets. Although the insects are unusual pets, Mr. Millst
Your client, Sanford Millstein, lives in a small condominium complex in Waterbury, Vermont. He keeps Madagascar Hissing Cockroaches as pets. Although the insects are unusual pets, Mr. Millstein names them and cares deeply for them. Mr. Millstein’s next-door neighbor, Shania Westerfeld, does not like the cockroaches. She says she can hear them hissing and is generally
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uncomfortable with having cockroaches housed in the unit next to hers. She has told Mr. Millstein that, given the opportunity, she would “kill all of those disgusting bugs” he keeps. One day, Mr. Millstein left the screened top coveringthe tank he uses to house the insects slightly ajar. Two of his favorite insects escaped. Mr. Millstein asked Ms. Westerfeld to keep an eye out for them and to tell him if she saw them so he could recapture them. As it happened, the insects found their way into Ms. Westerfeld’s unit. When she discovered them, she killed them immediately, and then told Mr. Millstein what had happened. Mr. Millstein is extremely distraught over the situation and has contacted you to find out if he has a valid claim against Ms. Westerfield.
USING
Hegarty v. Addison County Humane Soc’y, 2004 VT 33
Hillier v. Noble, 142 Vt. 552
Based on your research, analyze briefly whether your client is likely to be able to recover either noneconomic (emotional distress) or punitive damages for conversion of his pet cockroaches. (Hint: Base your analysis only on the research you have done so far; do not conduct additional research into recoverable damages.)
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