Vets off the hook in dog's death
Two veterinarians were absolved by the Regional Trial Court of the damages suit filed by a pet owner in March last year for the death of his precious kennel.
RTC Branch 35 Presiding Judge Fe Gallon-Gayanilo dismissed the complaint for damages filed by Nelson Jayme, through his attorney-in-fact Lilia Jayme, against veterinarians Armando Pluma and Marcellus Rebadulla for lack of merit.
The court also granted the counterclaim sought by the accused veterinarians after they have sufficiently established that they were forced to engage the services of counsel for defending themselves. "They (defendants) are entitled to be paid attorney's fees in the amount of P40,000 as prayed for in the answer," the decision reads.
The court ruled that the plaintiff failed to prove Dr. Pluma's negligence and nothing in the evidences presented proved that defendant Dr. Rebadulla was negligent in the selection of Dr. Pluma as one of its veterinarians.
In December 2005, Jayme alleged that his three-year-old canine rottweiller dog named Lucky developed skin diseases. Jayme consulted Rebadulla, who owns an animal hospital. On December 23, 2005, the hospital sent Pluma to the house of Jayme. Pluma administered Ivermectin and Colitetral antibiotics to Lucky.
Four days after, Lucky died. Jayme then decided to have the dog autopsied by another veterinarian.
Dr. Ramon Banga came up with a tentative diagnosis blaming "possible drug overdose" for the death of Lucky.
Such findings prompted Jayme to file the case in court.
However, the court ruled that "(a)s it appears, plaintiff's evidence of drug overdose resulting from Dr. Pluma's alleged negligence in the administration of the drugs Ivermectin and Colitetral is conjectural, uncertain and doubtful. It is not a conclusion worthy of consideration. As Dr. Banga admitted, findings for drug overdose could only be ascertained conclusively by a person trained for the purpose in a laboratory examination. Unfortunately, the plaintiff did not cause a laboratory examination on Lucky despite Dr. Banga's advice."