Embassy Law | Sep 20, 2006

Embassy Law Web Log   
Washington, DC, USA      




Dog, FSIA and Emotional Distress

In a case that seems especially topical here in Washington, after the shooting of a dog in Dupont Circle last week, the Embassy of Russia won their appeal of damages awarded to a plaintiff who suffered emotional distress after her dog was seriously injured in a car accident involving a driver from the Embassy. The defendants--the Embassy and driver, Mr. Vladimir Kondaurov--conceded liability, and it seems that the matter would fall under exceptions to immunity outlined in the Foreign Sovereign Immunities Act, 28 USC §1605(a)(5) which states:

A foreign state shall not be immune from the jurisdiction of courts of the United States or of the States in any case...in which money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment.

The Supreme Court of Virginia held in Vladimir Kondaurov et al. v. Eve I. Kerdasha, record no. 042077, 629 S.E.2d 181, on April 21, 2006, that the plaintiff may not recover compensation for the emotional distress. Under Virginia law, the dog is personal property. -- Elizabeth Evans, legal assistant, Berliner, Corcoran & Rowe, LLP, Washington, DC.