Private Law Theory

In an essay titled ‘Should Animals Be Able to Sue People?’, Professor Sherry Colb considers Justice v Vercher, a lawsuit brought by Justice, a horse seeking damages for injuries resulting from his previous owner’s gross negligence. Gwendolyn Vercher had already been convicted of animal cruelty and paid the statutorily required restitution, but that restitution was limited to costs incurred for Justice’s care up to the time of the hearing. Justice will need specialized lifelong care. Represented by the Animal Legal Defense Fund, Justice brought suit in his own name for monetary damages sufficient to cover those costs. Vercher responded with a motion to dismiss on the ground that Justice lacked standing to sue her ….

Taimie L Bryant, What If Animals Are Moral Agents? (2024) 109(7) Cornell Law Review 1735.