Judge rules that dog's family can seek emotional damages
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Background: The Kings Supreme Court building in Brooklyn, N.Y. (Google Maps). Inset: Duke (@trevdeblase/Instagram).

A judge in New York has declared that dogs can be regarded as part of a person’s “immediate family,” allowing dog owners to pursue emotional damages if they witness their pet being harmed.

On Tuesday, Judge Aaron Maslow of the Kings Supreme Court in Brooklyn ruled that the family of a 4-year-old dachshund named Duke can seek emotional damages in their case against the driver responsible for his death. As detailed in court documents obtained by Gothamist, a New York City-based publication, Duke was tragically struck by a vehicle nearly two years ago while being walked by 66-year-old Nan DeBlase, the mother of Trevor DeBlase who had adopted Duke.

Duke was on leash at the time, and the driver was reportedly speeding.

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During an interview with the New York Post, Nan DeBlase described the “traumatic” ordeal of witnessing Duke being fatally hit on July 4, 2023, by a car driven by Mitchell Hill, whom the DeBlase family has sued. Security cameras recorded the event, showing Hill neglecting to stop at a stop sign and making a left turn without signaling on the street where Nan DeBlase was walking Duke. She was almost hit herself and narrowly avoided the car by jumping aside.

But Duke was not so lucky. Nan DeBlase told the Post, “It was very traumatic, extremely. I mean, I was hysterical when it happened.”

She added, “I took a step to get out of the way of this monster, who not only ran a stop sign, but was making a turn. If you don’t see the stop sign, how do you see people? It was like he was driving with his eyes closed, and yet was able to make a left turn — I can’t even understand it.”

Trevor DeBlase posted later that day on his Instagram account, “A few hours ago a man blew a stop sign, almost hit my mother, and hit my poor, sweet Duke and killed him. I can’t even believe I am typing these words right now. I loved this dog more than life itself and things will never be the same without him.”

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