Villa

I. Introduction

The complaint alleged a conspiracy between an insurer and a psychiatrist to deprive the plaintiff, Robert A. Villa, of disability benefits. In November 1993, the trial court entered a summary judgment in favor of defendant, Dr. Glen McFerren, a psychiatrist. Plaintiff appealed. We conclude defendant, in his moving papers, did not meet his burden of showing all of plaintiff’s causes of action had no merit in that one or more elements of his claims could not be established. In his moving papers, defendant presented insufficient evidence of his nonparticipation in the alleged conspiracy. Rather, defendant relied on plaintiff’s deposition testimony. At his deposition, plaintiff admitted he personally was unaware of any communication between defendant and the insurer other than one letter. That one letter requested defendant to evaluate plaintiff for the insurer. There was no reason to believe plaintiff would have been present when the alleged conspirators purportedly planned to deny him his disability benefits. The evidence presented by defendant, including plaintiff’s deposition testimony, was insufficient concerning the existence of a conspiracy so as to…