Vermont’s highest court is being asked to decide what a dogs love is worth.

The state Supreme Court on Thursday was to hear a case that began in July 2003, when Denis and Sarah Scheele, who were visiting relatives, let their mixed-breed dog wander into Lewis Dustins yard and he fatally shot it.

Now the Scheeles are asking the court to carve out a new legal doctrine that a dogs owners can sue for emotional distress and loss of companionship, just like parents can when they lose children.

“We’re still working toward having the courts recognizing the true value of companion animals. Theyre members of the family, not mere property,” Sarah Scheele, 58, said from her home in Annapolis, Md., on Wednesday before flying north for the court hearing.

Dustin’s lawyer, David Blythe, said Dustin never intended to kill the Scheeles dog, Shadow, and “has always regretted that it happened.” He said Dustin fired an air pellet rifle at the dog in hopes of scaring it off the lawn of his home in Northfield, a community of about 6,000 residents just south of Montpelier in the heart of the states Green Mountains.

The shot Dustin fired penetrated the dogs chest and severed an aorta, and the dog died on the way to a veterinarians office.

Dustin, 76, has said he was aiming at the dogs rear end. He did not immediately return a telephone call seeking comment Wednesday.

He pleaded guilty to a misdemeanor charge of animal cruelty and was given a year probation. He also was ordered to perform 100 hours of community service and pay $4,000 in restitution to the Scheeles.

via Law.com – Vt. Court Eyes Value of Love of Mans Best Friend.