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In 2001, P adopted Kaisa, an Alaskan Malamute puppy, whom his niece rescued. Kaisa grew to become an indispensable part of P's reclusive life as a gold prospector. In September 2012, Kaisa fell ill. P took Kaisa to an emergency veterinarian. The veterinarian diagnosed Kaisa with cancer and prescribed medication. P then transported Kaisa to Kaisa's regular veterinarian, who recommended a visit to the WSU Veterinary Teaching Hospital. P presented Kaisa to WSU's Veterinary Teaching Hospital. Jasmine Feist and another fourth-year veterinary student registered Kaisa with the hospital. Feist placed Kaisa in the intensive care unit and inserted a catheter in Kaisa's left front leg. Hours later, Dr. Margaret Cohn-Urbach (D), an intern at the hospital, examined Kaisa. Clinicians diagnosed Kaisa with metastatic cancer. Staff predicted Kaisa would live only for several months. P insisted on a consultation with an expert. P spoke, on the phone, with Dr. Kevin Choy, an oncologist, who agreed with the diagnosis of metastatic cancer. WSU veterinarians recommended euthanasia. P directed the Veterinary Teaching Hospital to euthanize Kaisa. P signed a Washington State University Veterinary Teaching Hospital consent for euthanasia form. The form included a release of the Washington State University Veterinary Teaching Hospital, their agents, and representatives, from any and all liability for said animal. No hospital employee discussed the language with him. P paid $260.56 for the euthanasia. Kaisa was taken to the “quiet room.” Dr. Margaret Cohn-Urbach then described the procedure to P. P would be administered a mild sedative to relax her and thereafter dispensed Euthasol, a drug that would stop the Malamute's heart and allow a peaceful death. Dr. Cohn-Urbach informed Robert Repin that, as Kaisa passed, she may have deep gasps, tremors, and other adverse effects. Repin claims Cohn-Urbach warned only that Kaisa might take a deep breath and exhibit a slight leg twitch. Jasmine Feist performed the euthanasia, while Cohn-Urbach supervised. D contends that Cohn-Urbach performed the procedure. Kaisa has chewed off the end of her catheter. After the flushing, either Dr. Margaret Cohn-Urbach or Jasmine Feist injected 1.1 ml of acepromazine into the catheter. Five to ten minutes later, either Cohn-Urbach or Feist started the second injection. Repin turned from observing the injection. Kaisa woke up screaming. She was on her feet panicking, screaming in agony. I said, What the fuck is going on here? I said this can't fucking be happening. I had to wrestle [Kaisa] back to the floor. I had to hold her down and listen to her scream. [Dr. Cohn-Urbach] and [Feist] had backed up against the wall. They didn't know what the fuck to do. Jasmine said, My God, it's not working. What should we do, she says? My dog didn't know what the fuck was going on. She would have tore those girls apart if I let go of her. All she knew was she was in fucking pain and she wanted to get out of there and I had to hold her down. … [Feist] said somewhere, What do we do? Should I go get another catheter? [Dr. Cohn-Urbach] says, I'm out of medication. I said This can't be fucking happening. Dr. Margaret Cohn-Urbach left the quiet room and retrieved more Euthasol. Repin believes five to seven minutes passed between the two injections of Euthasol, during which time Kaisa constantly struggled on her two front feet, while Repin toiled to restrain her. Kaisa's agony never ceased. On Cohn-Urbach's return, Repin rolled Kaisa on her back to afford Cohn-Urbach a clear shot at her right forelimb. Jasmine Feist and Repin restrained Kaisa as Cohn-Urbach injected Euthasol into the right forelimb. Fifteen seconds later, Kaisa expired. According to Jasmine Feist, Kaisa did not scream in agony. Dr. Margaret Cohn-Urbach leaped to her feet and exited the quiet room. Robert Repin grabbed [Kaisa around the neck and held her. Kaisa lay down and emitted large breaths. Kaisa died after she slouched. Feist estimates Dr. Cohn-Urbach left the room for up to two minutes. According to Dr. Margaret Cohn-Urbach, Kaisa uttered three howls and gazed at her left leg, which Jasmine Feist handled. Kaisa did not act violently or thrash. As Kaisa reacted, Cohn-Urbach observed P's unhappiness. Dr. Cohn-Urbach decided to hurry the euthanasia. She left the quiet room for more Euthasol and returned within two minutes. Cohn-Urbach injected the Euthasol directly into the cephalic vein in Kaisa's right leg. As Dr. Cohn-Urbach administered the second dose of Euthasol, Kaisa howled again. After the second injection, Kaisa died. P reports severe emotional distress resulting from the painful euthanasia of Kaisa. P now lacks patience, easily angers, suffers headaches, and drinks alcohol to sleep. P hired Dr. Victoria Peterson, a licensed Washington veterinarian, as an expert witness. In a declaration opposing D's summary judgment motion, Peterson declared that veterinarians act in a fiduciary capacity of trust and confidence. She testified that Cohn-Urbach committed veterinary medical malpractice and breached the contract with D, proximately causing him economic and noneconomic damages. Indeed I find that her acts and omissions were cumulatively reckless and grossly negligent. In short, one does not euthanize a dog by injecting caustic solution outside the vein, causing her to experience tremendous fear and suffer agonizing pain for an extended duration while she is forcibly, physically restrained by the owner until the veterinarian can leave the room to obtain more euthanasia solution and return to administer it properly. That is not euthanasia. It is torturous to both the animal and her owner. Dr. Victoria Peterson faulted Dr. Margaret Cohn-Urbach for administering acepromazine precedent to Euthasol because the former acts as a tranquilizer, rather than a sedative. A tranquilizer does not alter the dog's perception of the situation but rather limits her ability to respond. Acepromazine may render the animal more excited, unpredictable, and dangerous. The small dose administered to Kaisa would not have sedated Kaisa or relieved her of any pain. According to Peterson, Margaret Cohn-Urbach was also grossly negligent for administering a large dose of Euthasol because of the age of Kaisa. The drug increased the risk of a geriatric dog's vein bursting such that the caustic solution travels perivascular. Euthanasia requires only 9 ml of Euthasol, but Cohn-Urbach's two injections amounted to 34 ml. Since Kaisa was an Arctic breed, Dr. Cohn-Urbach should have warned P that Kaisa would whine and cry upon being euthanized. According to Peterson, Cohn-Urbach's treatment was not humane but led to minutes of conscious pain. Dr. Bruce Goldberger, a forensic toxicologist, examined Kaisa's exhumed leg after the animal's death. Goldberger determined that the first injection of Euthasol entered Kaisa's perivascular region, a conclusion consistent with Victoria Peterson's conclusion that Kaisa suffered from the perivascular injection. P sued Ds for breach of contract, reckless breach of contract, professional negligence, lack of informed consent/negligent misrepresentation by omission, intentional and/or reckless infliction of emotional distress, and conversion/trespass to chattels or trespass on the case. P seeks reimbursement of amounts billed and damages for emotional distress and loss of enjoyment of life. P alleges that the “zone of danger” doctrine applies. The court dismissed reckless breach of contract, lack of informed consent/negligent misrepresentation by omission, outrage, and conversion/trespass to chattels. The trial court also dismissed any claim for emotional distress damages no matter the cause of action pled. P appealed. The trial court did not dismiss P's breach of contract claim.

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