Bennett v. Owens

This is an appeal by Michael L. Bennett from an order of the Circuit Court of Berkeley County denying a motion to amend the complaint in a battery action. On appeal the appellant claims that the trial court erred in refusing to allow the amendment. After reviewing the record this Court agrees and reverses the decision of the circuit court.

On June 1,1985, the appellant attended a high school graduation party conducted on the premises of the appellee, Dennis Owens, Sr. In the course of the party someone, believed by the appellant to be Dennis Owens, Sr., struck the appellant with a club, broke…