Kenny Collects, told the intake staff that he was shopping at Pat's Pets, a pet store located in a strip mall just outside of downtown Capital City. Mr. Collects states that he went there for an adoption event sponsored by the local animal shelter, hoping to adopt a new cat or kitten.Mr. Collects told someone at the store that he was there to see the cats and was directed to a closed door that opened to a room filled with a large number of cats available for adoption.Disappointed to find there were no kittens available, Mr. Collects started playing with a number of adult cats to see if any had a personality suitable to him. He found an unusual-looking cat in a corner, hiding, and felt drawn to it.It seemed shy and crawled under a low bench. Now feeling sorry for the cat, he leaned his face down to make sure it was okay. The cat immediately leapt from the hiding place and violently attacked Mr. Collects' face, scratching his eye, nose, mouth, and cheeks. The wounds were significant, and our potential client's wounds became infected, causing permanent scarring and partial vision loss in one eye.

Your research demonstrates that Pat's Pets is located within the city limits of your state capital. The adoption event your client attended was advertised on Pat's Pets Facebook page, and the announcement stated that all the pets available for adoption had been medically examined and determined ready for adoption, they had all been fixed or neutered, and received all appropriate shots and vaccinations. Your client saw this announcement and relied on it to adopt a cat from Pat's Pets.

Your client has previously owned numerous cats but is not an expert on veterinary medicine or cats. Your client reports that his physician has advised him that he currently has a 40% loss of vision in the left eye, which is likely to be long-lasting or permanent. The scarring on the client's face is chelated, obvious, and permanent. Aside from the scars, there is no long-term damage to the client's mouth.

The client has incurred medical bills of over $36,000 so far, with additional expenses likely should the client need eye surgery in the future. The client missed approximately four days of work at the time of the initial injury and another six half-days for follow-up medical care. Your client works as a tax accountant and earns a salary of $48,000 yearly. He has medical insurance, which has paid most of the bills.

After your discovery and investigation, you had an opportunity to do some investigation into the incident. You learned that after the client was injured, the cat which had scratched him escaped from the pet store; the cat was stuck by a car and injured. Upon being taken to the veterinarian, it was discovered that the cat was not an adult domestic cat, but a wild mountain lion kitten that had been turned into the shelter a few days earlier. While the shelter stated to the pet store that all the cats brought for adoption had been spayed or neutered and received all the appropriate shots and medical care, this mountain lion cub, while the size of a large cat, had not been provided the promised medical care, because it was not clear if it was a domestic cat. The city cited the pet store and shelter for unlawful possession of a dangerous animal. However, the cat was released to the wild before the veterinarian knew it had attacked a human, so it is not available for further investigation.

Attorney Files asked you to research whether or not the shelter should be named as an additional defendant to the suit. Make a business letter to the client that includes the rationale for or against adding the shelter as a defendant in the lawsuit.

After you have conducted the necessary research of the law in New York State, compose a business letter to the client in which you address each of the necessary items below:

• Provide a brief analysis of what you have discovered so far about the case
• Explain why the store and the shelter should or should not be named as a defendant,
  • Include the cause of action to be named against each defendant.
• Research the elements of a negligent tort in New York State, and whether you think the involvement of a dangerous animal creates strict liability by either the store or the shelter.
• Explain any differences in damages available to the plaintiff based on the theory of the case against each defendant.
• Include references to at least three (3) primary sources of law for New York State
  • All sources of law must be properly cited pursuant to The Bluebook.