Recovery of “Intrinsic Value” Damages in Case of Negligently Killed Pet Dog

The North Carolina Court of Appeals, in a case where negligent killing of a pet dog with no market value was admitted, has denied recovery of “intrinsic” damages (also called “actual” damages). Shera v. NC State University Veterinary Teaching Hospital, 723 S.E.2d 352 (N.C. App. 2012). Because the holding is narrow and the type of damages denied are not the same as emotional damages, a close look at the decision is warranted

North Carolina\u27s Tenancy by the Entirety Reform Legislation of 1982

On June 18, 1982, the North Carolina General Assembly enacted House Bill No. 67 entitled AN ACT TO EQUALIZE BETWEEN MARRIED PERSONS THE RIGHT TO INCOME, POSSESSION, AND CONTROL IN PROPERTY OWNED CONCURRENTLY IN TENANCY BY THE ENTIRETY. This article explores several of the issues raised by the legislation: (1) Does it alter the pre-reform law under which a creditor of neither husband nor wife alone could reach any interest in entirety property? (2) Does it extend that exemption to the rents and profits arising from tenancy by the entirety property? (3) Will the provisions for management of entirety property by husband and wife generate a theory of estoppel by acquiescence? (4) Will the courts utilize the curative principles of the reform act when holding that pre-reform law was unconstitutional because of gender discrimination? (5) Does the act intend to change ownership of rents and profits accruing after the act\u27s effective date, January 1, 1983, from entirety property where the cotenancy was created before that date? (6) Does the act intend to shift management and control of pre-enactment entirety property? (7) Does the act enable thirdparty donors creating a tenancy by the entirety to validly claim two federal gift tax annual exclusions on the theory that the wife\u27s interest is no longer a future interest? and (8) Does the act cause a shift in the bases of the husband and wife in entirety property that will affect federal income tax liabilities