College of Business Administration

Jury Summons:

YOU ARE HERBY NOTIFIED THAT YOU HAVE BEEN SELECTED FOR JURY SERVICE IN THE TRIAL INDICATED BELOW. YOU ARE ORDERED TO APPEAR IN COURTROOM BAM 338 ON FEBRUARY 28, 2002 TO RENDER AN OPINION ON THIS CASE.

CASE FILE NUMBER: 45634-0078

THE HONORABLE JOHN STANDLEY PRESIDING

PLAINTIFF: R. MERG VS. DEFENDANT: J. CLARK, D.V.M.

ATTORNEYS: T. HAMMOND, M. WISE, J.R. SCHERER, H. LELOUP

BAILIFF: L. HOWARD

BRIEF CASE SUMMARY:

Plaintiff R. Merg claims that he entered into a contract for services to be provided by defendant Dr. J. Clark and that such services were not rendered. Specifically, Merg claims that veterinarian Clark acted in an illegal and unethical fashion when he failed to euthanize Merg’s German Shepherd dog after Merg was unwilling or unable to pay for necessary medical care and requested euthanasia. Merg claims that he entered into a legal contract with Clark for this service and that such service was not in fact performed, resulting in a breach of contract. Merg contends that Clark’s primary responsibility is to his clients and to the laws of the State of California.

Clark contends that Merg failed to exercise his moral obligation to care for his pet. According to Clark, pets, like human children, have certain inalienable rights. Citing the Veterinarian’s Oath, Clark contends that he had an ethical and professional obligation to protect animal health. Additionally, Clark cites the code of ethics of the American Veterinary Medical Association that states that, “Veterinarians should first consider the needs of the patient.”

Issues to be considered by jurors:

§ What legal obligations do humans have toward animals?

§ What moral obligations do humans have toward animals?

§ What are the moral principles involved in this case?

§ Do financial limitations justify the termination of an animal’s life?

§ Should veterinarians (or other professionals) favor their consciences over the client’s interests?

§ What are a veterinarian’s (or other professional’s) legal obligations to client and patient?

§ Is the veterinarian’s primary obligation to the animal or to the client?

§ If an action is legal or illegal is it necessarily moral or immoral?

REQUEST TO BE EXCUSED: There are no grounds to be excused from jury service in this case. Participation shall be enforced by County Marshall Craig P. Dunn.

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