Judge Upholds Verdict, Asher Vann Gets $3.2 Million After False Bullying Claims

Plano resident Asher Vann will receive roughly $3.2 million after Collin County District Judge Benjamin Smith on Jan. 30 entered a final judgment upholding a jury verdict that found Summer Smith and her attorney, Kim T. Cole of Frisco, liable for intentional infliction of emotional distress and invasion of privacy. The jury decision came at a trial in October that ordered the defendants to pay nearly $3.2 million in damages.

The dispute traces to a February 2021 birthday party and sleepover at Vann’s house and a wave of Facebook posts beginning in March 2021. Summer Smith’s social-media messages and a fundraising page accused Vann and three teammates of using racial slurs, shooting Smith’s son with BB guns, and forcing him to drink urine. A fundraiser page for Smith’s son said, “While at the sleepover several white students shot [Smith’s son] with BB guns. When he was asleep they slapped him, all while calling him racial slurs. And worse yet, they forced [Smith’s son] to drink their urine. [Smith’s son] had been subjected to the unthinkable. He is in need of therapy and is planning to change to a private school.” The fundraiser reportedly brought in more than $100,000.

Vann, who was 14 and attending Haggard Middle School in March 2021, sued after the posts went viral and disrupted his life. In his lawsuit Vann described the incident as a prank in which boys filled a cup with apple juice and, “to the extent they could,” one or more dribbled a bit of urine into the juice before offering it to the sleeping boy; the lawsuit says the boy “appeared to take a brief sip (swallowing none).” Jurors concluded Vann’s account was accurate and that the events were not racially motivated. The court record quoted in filings notes that “Nichols and Vann concede that handing the cup with the apple juice and urine mix to Smith’s son to drink was wrong and Vann has expressed regret for that.”

Judge Benjamin Smith’s Jan. 30 final judgment upheld the October jury verdict and added additional financial penalties against Smith and Cole; the specific amount of those additional penalties was not disclosed in the judgment excerpts made public. Summer Smith has told court reporters she plans to appeal the judgment, and counsel Kim T. Cole did not return a message seeking comment.

Public reaction on social platforms reflected skepticism about collection and anticipated appeals. A Facebook post sharing the verdict drew 140 reactions, 16 comments and 4 shares; commenters asked, “But will he actually receive the money ?” and predicted, “I am sure there’s an appeal.” Some posts noted the award as life-changing for Vann after years of disruption that included threats tied to the viral accusations.

Court filings and the judge’s written final judgment will clarify the post-verdict penalties and collection prospects; those records are available through the Collin County District Clerk’s office for parties and members of the public seeking the full docket, the judge’s order and the jury verdict form.