If you're a pet lover as I am, you'll feel for this family's loss.
Bentley's lawyer argued the law doesn't recognize the right to sue for emotional stress over a dead bird.
The case was dismissed.
But Miksch has recently hired a new lawyer and is preparing another lawsuit. She wants a jury to decide how much she is owed.
She hopes her new lawsuit will change the way pets are treated by Florida case law.
The case essentially asks, what is a pet worth? The sticker price in a pet shop from when you bought it? The fee the animal would cost today? Or the sum of some made-up equation involving veterinarian bills racked up over a decade multiplied by the months it takes to get over the death?
Even Miksch isn't sure.
"I know Baby is not worth the same as my son, I know the difference, " she said. "But pets are family. You can't just replace them."
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