In the instant action, the plaintiffs have asserted that the defendant continuously violated the Dog Law by allowing his pit bulls to roam unsupervised throughout the neighborhood. Accordingly, the plaintiffs are entitled to recover damages proximately caused by the defendant's violation of the Dog Law. Thus, a person cannot recover for intentional infliction of emotional distress where the person witnesses a tortfeasor's conduct directed towards his or her dog. Consequently, the plaintiffs cannot recover under an intentional infliction of emotional distress claim, to the extent that claim is based on their minor sons having witnessed the attack on their pet dog. Finally, the Court must examine whether the defendant's conduct was culpable.
Culpable conduct is dilatory behavior that is willful or in bad faith.
In their complaint, the plaintiffs assert that the defendant threatened Michael Dolan, Sr., after the plaintiffs consulted an attorney to discuss their legal remedies. Moreover, the defendant has still not responded to the plaintiffs' complaint or the plaintiffs' current motion. Given the defendant's delay, the defendant's conduct appears culpable. B. Plaintiffs' Damages 1. This sum includes the cost of replacing the carpet and repainting the walls.