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In a ruling involving a deceased pet, a New Jersey appeals court has made recovery easier for certain plaintiffs seeking compensation for infliction of emotional distress.

The court said a trial judge erred in throwing out the pet owner’s claim after applying a bystander liability standard instead of a direct liability standard and finding that such claims based on the suffering of a pet are not allowed. The appeals courts reversed the dismissal order, finding that the direct liability standard applies, and remanded the case for trial.

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Charles Toutant

Charles Toutant is a litigation writer for the New Jersey Law Journal.

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