Gotschall

Plaintiff Michael Gotschall sued defendant Peggy Daley for assault, battery, and conspiracy. The trial court dismissed the case for lack of evidence establishing causation. Plaintiff moved to vacate the dismissal and to augment the expert witness list to include a witness who would establish causation. The trial court granted plaintiff’s motions and ordered a new trial. We reverse.

Background

Plaintiff filed a complaint for damages alleging assault, battery, conspiracy, negligence, and negligent supervision in response to events occurring November 6, 1994. On that date, plaintiff was living in defendant’s home. Defendant was in jail at the time for violating conditions of her drug treatment plan. On November 6, Carl “Whiskey” Harshbarger, a friend of defendant, entered the home and beat plaintiff with a metal baton, causing serious injuries. Plaintiff was taken to the hospital, where he was treated by Dr. F. Karl Gregorius, a neurosurgeon.

Harshbarger was arrested and pled guilty to battery with great bodily injury. Plaintiff did not sue Harshbarger. Instead, plaintiff sued defendant on the theory of conspiring and encouraging Harshbarger to harm him. He also sued…