Posts Tagged ‘bailey and galyen attorney’

Texas Supreme Court Hears Oral Arguments on Value of Family’s Dog

Monday, January 21st, 2013

Dallas, Texas, /PRNewswire-iReach/ The Texas Supreme Court heard arguments on January 10, 2013, from lawyers representing both sides in a case originally filed alleging the wrongful death of a family pet. The initial lawsuit was dismissed by the trial judge, and the plaintiff, Jeremy Medlen, successfully appealed to the Second Court of Appeals. The defendants then sought a review of the case by the state’s highest court.

What is the Value of a Companion Animal?

Imagine that your beloved dog, a part of your family for years, and a faithful companion to your two small children, escaped from your back yard during a thunderstorm. You learn that he is safe and sound at the local animal shelter, and you can pick him up as soon as he is micro-chipped. When you arrive on the appointed day, with your small children in tow, you learn that the shelter has euthanized your dog (by accident, they claim).

For and his family, this was no bad dream…it was a reality. The devastating sense of loss he experienced convinced him that he needed to do more than grieve the unnecessary of his dog. He contacted attorney Randy Turner, of Bailey & Galyen, to see what his options were.

According to Turner, Jeremy wasn’t initially interested in a monetary recovery; he simply wanted to others not to suffer the way he and his family had. Turner told him, however, that, under Texas law, there was no legal action he could take unless he wanted to seek damages for the monetary value of the dog. Jeremy’s dog, Avery, was a mixed breed with no appreciable market value. Turner told him, though, that the Texas Supreme Court had recognized the concept of “sentimental value” in other types of property, such as family heirlooms or photographs. Jeremy agreed to be a test case in the attempt to establish sentimental value in a pet.

The Lawsuit

Turner filed a lawsuit alleging negligence by the Tarrant County animal control officer. The trial judge dismissed the lawsuit, citing an 1891 opinion allowing recovery for monetary value only. Turner appealed, and the Second Court of Appeals reversed the trial court ruling. The court found it inconsistent that a person could recover sentimental value damages for a lost photograph of a dog, but not for the dog itself.

Veterinary medical associations, the American Kennel Club, pet product manufacturers and trade groups, have all filed briefs with the Texas Supreme Court supporting the defendant’s position.They contend that finding sentimental value here leads to the likelihood of a slippery slope, allowing juries to find sentimental value almost anywhere. Turner believes this to be a property rights issue, not an animal welfare issue, and has the support of property law professors from law schools across Texas.

Turner acknowledges that the odds are against him, citing statistics that show that nearly nine out of ten cases reviewed by the Supreme Court are reversed. The court’s ruling is not expected for several weeks.


Randy Turner


Bailey & Galyen – Attorneys at Law

Phone: 817-288-1101


The Truth Will Set You Free

Monday, June 27th, 2011

by Gene Solis

It’s said that, on average, we all lie about four times per day. That’s everything from the “fine, thanks” answer we give in passing when someone asks us how are day is going, all the way to the intentional falsehoods we tell. While that number of lies seems shocking at first glance, take a personal inventory of your own truth-telling today and count the fibs. It’s an eye-opening experience. For whatever reason, human beings seem to be wired to tell the occasional lie.

But one of the places where you cannot, and should not, lie, is regarding your legal matter. Whether you have a family, criminal defense or bankruptcy matter with Bailey & Galyen, as your attorneys we rely heavily on your truthfulness and openness in order to properly represent you. Think of all the information you may give us:

  • Name and biographical information
  • Assets, debts, income & expense
  • Details of your personal life and specific legal situation
  • Secrets involving your friends, family and business

With this information, we prepare your legal matter and get ready to defend you in court and against your adversaries. Before you came to Bailey & Galyen, we knew little or nothing about you – that’s why we get such extensive data from you so that we can learn. We are relying heavily on you for information about your case. Thus, in order for us to be the most effective, we need you to be truthful and forthcoming in answering our queries – even if it is embarrassing, uncomfortable, or against your nature. Would you hire a doctor to perform surgery without telling him about an allergy or important medical condition? Of course not. In the same way, being honest and open with Bailey & Galyen’s attorneys and staff will help us to help you. It will also help keep your attorney’s fees and costs lower. As in many other areas of life, it’s less expensive to deal with problems up front that it is to deal with them after the fact when they’ve gotten bigger and may be out of control.

But beyond aiding the effectiveness of our representation, being truthful is mandatory once your case is pending before a court. Anyone who has been in court or viewed popular legal dramas on television knows that our entire legal system is built on the oaths given by witnesses before giving testimony. Did you also know that promises to tell the truth are made every time your lawyer files a document with the court, makes a statement in open court, or communicates with other attorneys? Perjury is the legal term for the crime of lying under oath. Being untruthful is a crime. Just look at former Major League Baseball pitcher Roger Clemens, who presently is facing perjury charges for alleged false statements he made under oath. If the charges are true, Mr. Clemens lied before Congress because he didn’t want to admit an embarrassing fact: that he had used performance-enhancing drugs. Now Mr. Clemens faces jail time because he didn’t want to be embarrassed. Is there some embarrassing or uncomfortable fact you’ve been hiding that would help us to help you? Are you willing to face jail time out of pride or secrecy?

If you lie or omit important information in your dealings with Bailey & Galyen, you put yourself in much more trouble than you’d have been in simply by being honest. We can deal with the truth sooner than later and give you the appropriate advice when we have all the information early.

Another interesting side effect of honesty is the sense of relief you get. That same sense of relief is what we strive to achieve for every client who retains Bailey & Galyen for a bankruptcy matter. Do you dread answering the telephone for fear it’s another creditor phone call, or avoid getting your mail to avoid another pile of bills? Are you struggling to stay current on your important obligations while trying to pay other debts? If so, it’s time you were honest with yourself and admit that you need help to resolve your financial troubles. Don’t let your pride or fear of embarrassment keep you from taking care of the problem. Financial woes have a direct impact on your family life, career, health, and personal well-being.

So the truth truly will set you free, if you let it. Take that long, honest look in the mirror and let us help you solve your legal puzzle as quickly and cost-effectively as possible.