Fear, emotional distress after assault on horseback rider — $550,000 verdict

Type of action: Negligence and tort

Injuries alleged: Emotional distress, severe anxiety

Case name: Fox v. Sneider

Court: Loudoun County Circuit Court

Case number: CL-23005900-00

Tried before: Jury

Name of judge: James P. Fisher

Date resolved: June 3, 2025

Amount: $550,000 plus attorney’s fees

Attorneys for plaintiff: Timothy P. Bosson and Robert G. Rose, Fairfax, Bosson Legal Group

Description of case: A jury awarded $550,000 to a Loudoun County resident in an assault case against a neighborhood developer. The defendant was found liable of assault after a two-day trial. While there were no claims of physical harm, medical expenses or lost wages, the jury awarded the compensatory damages due to the emotional distress and fear of imminent physical injury caused by the defendant.

The plaintiff lives on a farm in Loudoun County, where she raises and boards horses for herself and for select clients. The incident occurred on Oct. 21, 2021, when the plaintiff was riding her horse with one of her boarders on a dirt road. The defendant drove past the riders in his car; he swerved and pulled in front of the plaintiff. The defendant remarked, “Your horse is smarter than you,” and then sped away,kicking up gravel that spooked the plaintiff’s horse, causing it to rear up and pivot.

The defendant turned his car around, drove right at the plaintiff, pulling within feet of her and repeating his remark before driving away again. Once more, the defendant turned his car back around and drove toward the plaintiff. This time, however, he wove his car between the two horses. He briefly stopped to make his remark for a third time before driving away for good.

Due to the serious risks of injury from being thrown from a spooked horse, and the fear of the defendant’s own actions, this incident significantly exacerbated the plaintiff’s decade-long battle with anxiety. Riding horses was an activity the plaintiff typically used to calm her anxiety, but after this incident, she could not ride her horse at all. Though she was able to eventually ride again, she has struggled with severe anxiety doing so since the incident. She also suffered from nightmares and panic attacks, plagued by the memories of what happened that day.

Witnesses for the case included the plaintiff’s husband and a neighbor to testify how the incident affected the plaintiff, as well as the boarder who was with the plaintiff when the incident occurred.

The defendant was found liable for assault, and the jury returned a verdict for $50,000 in compensatory damages and $500,000 in punitive damages. Because of the statutory cap, the punitive damages were reduced to $350,000 by the court.

[025-T-185]