Smith v. Errera
A court can award damages for medical expenses and pain and suffering. On Sept. 16, 2011 at 9:55 p.m., the defendant driver, Claude Errera, allegedly crossed the yellow line in the center of a road and collided with a horseback rider, Alexandra Smith. The court found that the defendant driver was 100 percent responsible and that the plaintiff horseback rider was not contributorily negligent. The plaintiff suffered a concussion and injured her hand and wrist. The plaintiff's horse, "Honey," passed away, and the plaintiff sustained emotional trauma and has flashbacks as the result of the loss of her "best friend." The plaintiff testified that she continues to experience migraine headaches and difficulties with vision. The plaintiff's mother testified that her minor child, a high school student with plans to become a veterinarian, became more emotional and required a tutor, because her grades suffered. The court awarded the plaintiff $17,744 in economic damages for medical expenses and $250,000 in non-economic damages, for pain and suffering.