From Burghardt v. Yvon, decided today by the California Court of Appeal, in an opinion by Justice William Dato, joined by Justices Cynthia Aaron and Truc Do:
Brigitte Yvon's dog, Davie, was severely burned during or soon after undergoing routine surgery. Yvon settled the potential veterinary malpractice claim against Dr. James Theodore Burghardt, Jr. and his corporate practice, Companion Pet Care, Inc. (collectively, Burghardt). This case erupted later after Yvon posted a very uncomplimentary Yelp review about Burghardt and the incident. Burghardt responded by suing Yvon for[, among other things,] defamation ….
On February 21, 2019, Burghardt performed a "neuter and scrotal ablation surgery" on Davie. He told Yvon the surgery went well, and she took Davie home that same afternoon.
Davie "whimpered" the first night home. Over the next few days, he was lethargic and "whined some." Yvon stayed home to care for him and "even accompanied him outside to go to the bathroom" to make sure he stayed out of harm's way.
On March 1, Yvon noticed the fur on Davie's back was wet. She assumed he had been licking the area. But when it was wet the next day, she pushed the thick fur aside and saw blood. She clipped away some of the wet fur, revealing a large oozing and bleeding wound. Yvon quickly took Davie to an animal hospital, where the veterinarian found this severe burn under his fur:
