IN THE
Court of Appeals of Indiana Club Newtone, Inc., and Marc Vaughn, FILED Appellants-Defendants Oct 20 2025, 8:44 am
CLERK Indiana Supreme Court v. Court of Appeals and Tax Court
Jarissa Gillaspy, Appellee-Plaintiff
October 20, 2025 Court of Appeals Case No. 24A-CT-1239 Appeal from the Tippecanoe Circuit Court The Honorable Sean M. Persin, Judge Trial Court Cause No. 79C01-2108-CT-130
Opinion by Judge Kenworthy Judges Bradford and Pyle concur.
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 1 of 25 Kenworthy, Judge.
Case Summary [1] Jarissa Gillaspy (“Gillaspy”) brought a sexual harassment lawsuit in federal
court against her former employer, Club Newtone, Inc. (“Newtone”) 1 and its
owner Marc A. Vaughn (“Vaughn”) (collectively, “Defendants”), in which she
alleged Vaughn sexually assaulted her. Vaughn counterclaimed for slander and
libel. Vaughn eventually dismissed his countersuit, but not before Gillaspy filed
this action against Defendants in state court alleging their federal counterclaims
constituted malicious prosecution and abuse of process.
[2] This case proceeded to trial; the jury found in favor of Gillaspy and awarded
her $2.5 million in damages. Defendants now appeal, raising the following
consolidated and reordered issues:
1. Did the trial court abuse its discretion in admitting Gillaspy’s testimony that she was sexually abused as a child and accused of lying about it?
2. Was the evidence insufficient to support the jury’s verdict and were the awarded damages excessive?
[3] We affirm.
1 In the record, the entity is sometimes styled “Club NewTone, Inc.” We adopt the capitalization and shorthand used in the trial transcript.
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 2 of 25 Facts and Procedural History [4] In 2018, Vaughn was the owner, president, and CEO of Newtone, a physical
fitness gym in Lafayette. Vaughn also owned MJV Group, Inc. (“MJV”),
which managed the business operations of Newtone, among other activities.
Gillaspy was a personal trainer, fitness instructor, and group fitness coordinator
at Newtone. Gillaspy often provided personal training sessions to Vaughn and
his then-girlfriend, Kari, with whom he lived at the time.
[5] While Gillaspy worked at Newtone, Vaughn frequently made remarks about
her appearance, such as telling her “how good [she] look[ed],” making “really
uncomfortable flirty type [in]nuendos,” and confessing “he liked to watch [her]
lift [weights] from behind.” Tr. Vol. 4 at 54, 55. One time, during an out-of-
town trip to an industry trade show, Vaughn invited Gillaspy to “hang out”
one-on-one in his room while Kari was “passed out.” Id. at 54. Gillaspy did
not respond. Another time, when Gillaspy went out to a social dinner with
Vaughn and Kari, Vaughn got “uncomfortably” close and touched Gillaspy’s
leg whenever Kari went to the bathroom. Id. at 55.
[6] On February 12, 2018, Vaughn asked Gillaspy to conduct a personal training
session the next morning at his home while Kari was gone. Gillaspy agreed to
train Vaughn before teaching an 8:30 a.m. group fitness class at the gym. When
Gillaspy arrived at Vaughn’s house on February 13, she knocked but received
no answer. The door was unlocked, so she let herself in and called out to
Vaughn. He answered from the bedroom. Gillaspy went to the room, where
she found Vaughn awake but still in bed. After she sat down on the corner of Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 3 of 25 the bed, Vaughn grabbed her from behind, pulled her down onto the bed, and
got on top of her. He attempted to kiss her and pull down her pants. Gillaspy
told him to stop, resisted his efforts to kiss her, and alternated between pushing
him away, blocking her face, and trying to hold up her pants. Vaughn did not
stop. He shoved his tongue into her mouth and tried to wedge his leg between
her legs. Gillaspy continued to fight back. While Gillaspy was pinned
underneath him, Vaughn began masturbating; eventually, he said he would
“just finish himself in the shower” and got up. Id. at 65. Gillaspy quickly got
up to leave. Vaughn followed her to the door and tried to pull her to him and
kiss her, which she again resisted. Gillaspy arrived at the gym “[v]ery
distraught” and late for her class. Tr. Vol. 3 at 169. Several class members
noticed she was not acting like herself.
[7] Two days later, Gillaspy reported the incident to her Newtone supervisors.
They compiled a written report and told Gillaspy to have no further contact
with Vaughn. In August, Gillaspy filed a charge of discrimination with the
Indiana Civil Rights Commission and the U.S. Equal Employment
Opportunity Commission (“EEOC”). Shortly thereafter, Newtone
implemented monthly minimum sales goals for personal trainers. Because
Gillaspy worked as both a personal trainer and group fitness instructor, she
could not meet the new requirements. Newtone terminated her employment
sometime in spring 2019. In December 2019, Gillaspy went to work as a
personal trainer at a new gym, VASA Fitness (“VASA”). In 2020, Newtone
closed its doors and sold its assets to VASA.
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 4 of 25 [8] In March 2020, after the EEOC issued Gillaspy a notice of right to sue letter,
Gillaspy filed suit against Defendants and MJV in the United States District
Court for the Northern District of Indiana alleging sexual harassment, hostile
work environment, and retaliation. 2 In her complaint, Gillaspy alleged Vaughn
“forcefully confined [her], attempted to force himself between her legs, kissed
her, and masturbated.” Ex. Vol. 1 at 117. When Defendants filed their answer
on April 16, Vaughn counterclaimed for libel per se based on that sentence in the
complaint and slander per se based on the allegation Gillaspy made false and
defamatory oral statements in the presence of third parties that “Vaughn raped
and/or attempted to rape” her. Id. at 165. In a third counterclaim, Defendants
alleged Gillaspy breached a noncompete agreement by going to work for
VASA. In Defendants’ initial disclosures, they asked for general and actual
damages of over $1.2 million, plus punitive damages of $900,000.
[9] In July 2020, the parties jointly stipulated to the dismissal of “Vaughn only”
from the federal lawsuit, and the district court permitted Gillaspy to amend her
complaint to voluntarily dismiss any claim against Vaughn personally. Ex. Vol.
2 at 26. Over a year later, on September 22, 2021, Vaughn formally moved to
dismiss his counterclaims against Gillaspy with prejudice, which the district
court granted a few months later.
2 In the original complaint, she also brought an assault and battery claim against Vaughn and claims of intentional infliction of emotional distress, negligence, and negligent retention against all three defendants. After the defendants moved to dismiss those claims as barred by the statute of limitations, Gillaspy dropped those claims in an amended complaint filed in April.
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 5 of 25 [10] About a month before Vaughn formally dismissed his counterclaims, Gillaspy
filed this action against Vaughn for malicious prosecution and Defendants for
abuse of process. 3 In her amended complaint, Gillaspy alleged Vaughn acted
maliciously and without probable cause in bringing the federal counterclaims,
and Defendants pursued the counterclaims “in clear retaliation for Gillaspy’s
claims, for Gillaspy’s whistleblowing, and [in] an attempt to intimidate
Gillaspy.” Appellant’s App. Vol. 2 at 28.
[11] A three-day jury trial began on February 27, 2024. The parties agreed the
resolution of Gillaspy’s malicious prosecution claim depended in part on
whether Vaughn had probable cause to countersue for defamation in the federal
lawsuit; 4 and further, the existence of probable cause depended on whether
Gillaspy made false and defamatory statements when she alleged Vaughn
engaged in sexual misconduct. 5 See, e.g., Tr. Vol. 2 at 92 (defense attorney
3 Gillaspy also sued Newtone and VASA for violations of the Indiana Fraudulent Transfers Act, alleging Newtone intended to defraud Gillaspy when Newtone sold its assets to VASA. Gillaspy eventually abandoned or dismissed the fraudulent transfers claim and filed a notice of dismissal as to VASA. 4 The essence of malicious prosecution rests on the notion that the plaintiff has been improperly subjected to legal process. City of New Haven v. Reichhart, 748 N.E.2d 374, 378 (Ind. 2001). There are four elements of a malicious prosecution claim: (1) the defendant instituted or caused to be instituted an action against the plaintiff; (2) the defendant acted with malice in doing so; (3) the defendant had no probable cause to institute the action; and (4) the original action was terminated in the plaintiff’s favor. Id. 5 “The tort of defamation includes libel and slander. While libel and slander are both forms of defamation, ‘libel’ is written and ‘slander’ is oral.” 50 Am. Jur. 2d Libel and Slander § 1 (2025). A defamatory communication tends to harm a person’s reputation by lowering the person in the community’s estimation or deterring third persons from dealing or associating with the person. Kelley v. Tanoos, 865 N.E.2d 593, 596–97 (Ind. 2007). “A communication is defamatory per se if it imputes: (1) criminal conduct; (2) a loathsome disease; (3) misconduct in a person’s trade, profession, office, or occupation; or (4) sexual misconduct.” Id. Truth “is a complete defense in civil actions for defamation.” Melton v. Ousley, 925 N.E.2d 430, 437 (Ind. Ct. App. 2010).
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 6 of 25 arguing at a pretrial conference the morning of trial, “if those things didn’t
happen and he’s being accused of that, then he has probable cause. And so it’s
figuring out whether or not what happened in the room that morning is what
the finder of fact needs to determine”). Gillaspy therefore testified in detail
about the events on February 13. Gillaspy also called two former Newtone
employees to testify, who stated Vaughn persistently made comments about
their appearances or made sexual advances toward them.
[12] Gillaspy also sought to testify she was sexually abused as a child and accused of
lying about it. Gillaspy offered this testimony to explain why she was hesitant
to report Vaughn’s conduct. Over defense counsel’s objection, the trial court
permitted limited testimony about the abuse as relevant and not unduly
prejudicial to Defendants.
[13] At the conclusion of evidence, the trial court instructed the jury on the scope of
compensatory damages it could award if it found in Gillaspy’s favor. The trial
court’s final instructions included an “eggshell skull” instruction stating, in part,
that a “defendant is thus liable to the extent that their conduct aggravates a pre-
existing condition, but is not liable for damages stemming from a pre-existing
injury that independently causes harm.” Appellee’s App. Vol. 2 at 16.
[14] At the conclusion of trial, the jury returned a verdict for Gillaspy and awarded
damages of $2.5 million. Defendants indicated they intended to move for
judgment on the evidence. Over Defendants’ objection, the trial court entered
judgment in accordance with the verdict. On March 15, Defendants sought
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 7 of 25 judgment on the evidence in a Trial Rule 59 motion to correct error, arguing the
jury verdict was unsupported by the evidence and excessive. The trial court
denied Defendants’ motion.
The trial court did not abuse its discretion in admitting Gillaspy’s testimony about childhood sexual abuse. [15] We begin with whether the trial court abused its discretion in admitting
Gillaspy’s testimony that she was the victim of childhood sexual abuse.
Generally, relevant evidence is admissible. See Ind. Evidence Rule 402. But a
trial court “may exclude relevant evidence if its probative value is substantially
outweighed by a danger of one or more of the following: unfair prejudice,
confusing the issues, misleading the jury, undue delay, or needlessly presenting
cumulative evidence.” Evid. R. 403. “We trust issues of admissibility to the
sound discretion of our trial judges, and we review their evidentiary rulings for
an abuse of discretion.” State Farm Mut. Auto. Ins. Co. v. Earl, 33 N.E.3d 337,
340 (Ind. 2015). An abuse of discretion occurs “where the trial court’s decision
is against the logic and effect of the facts and circumstances before it.” Id. If we
find inadmissible evidence was improperly placed before the jury, we only
reverse if that error was clearly prejudicial. Id.
[16] Gillaspy sought to introduce testimony that she was sexually abused as a child,
in part to explain her reluctance to disclose or report to authorities the February
13 incident. Tr. Vol. 4 at 101. Earlier in her testimony, Gillaspy stated she did
not want to tell anyone about Vaughn’s misconduct because “as soon as I
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 8 of 25 would tell somebody, then I’d feel like I would be called a liar and I would lose
my job.” Id. at 66.
[17] Although Defendants conceded the proffered evidence was relevant, they
argued such testimony would be unfairly prejudicial to them because it would
only “inflame the jurors more about . . . the alleged sexual assault.” Id. at 100.
After a side-bar conference, the trial court found the testimony was relevant and
would not be unfairly prejudicial to Defendants because the prior abuse did not
reflect poorly on Vaughn. But the trial court declined to permit Gillaspy to
testify about how the prior abuse may have impacted any injuries she sustained
as a direct result of Vaughn’s sexual misconduct, finding such testimony would
confuse the jury by suggesting they could award damages directly for sexual
misconduct, rather than malicious prosecution and abuse of process.
[18] When trial resumed, Gillaspy testified that when she was in first or second
grade, a teenage family member by marriage (her stepbrother’s brother-in-law)
put his fingers in her mouth and “would rub himself on [her]” when she stayed
the night at her stepbrother’s house. Id. at 108. When Gillaspy told her
stepmother several years later, the stepbrother’s in-laws accused her of lying.
The allegations caused a family rift, and she “never got to visit [her stepbrother
and his family] anymore.” Id. at 109. When Gillaspy's counsel tried to ask
Gillaspy whether being touched by someone without consent had any impact
on her ability to “speak up,” Defendants objected, and the trial court sustained
the objection. Id. at 110. Gillaspy’s counsel then asked her why she did not
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 9 of 25 report Vaughn’s misconduct to the police. She responded, “I didn’t want to tell
anybody.” Id. at 111.
[19] On appeal, Defendants argue Gillaspy’s testimony was unfairly prejudicial
because it confused the jury about “whether Vaughn was responsible for
Gillaspy’s prior trauma and new trauma” and induced them to award damages
for prior sexual abuse, rather than malicious prosecution and abuse of process.
Appellants’ Br. at 29. But our review of the record shows the trial court carefully
engaged in Evidence Rule 403 balancing by excluding testimony that may
confuse the issues or mislead the jury. The testimony the trial court admitted
was limited to the fact that a third party previously sexually abused Gillaspy
and accused her of lying about it; the trial court did not permit her to testify
about how the prior abuse—as opposed to the accusation of lying—affected her.
The admitted testimony was therefore relevant and not unfairly prejudicial,
confusing, or misleading.
[20] The trial court did not abuse its discretion in admitting Gillaspy’s testimony.
Sufficient evidence supports the jury’s verdict and the damages awarded were not excessive. [21] After the jury returned its verdict of $2.5 million, Defendants moved for
judgment on the evidence in their motion to correct error, arguing the jury
verdict was unsupported by the evidence and excessive. The trial court denied
Defendants’ motion, and Defendants now appeal.
[22] As our Supreme Court has recently stated:
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 10 of 25 The Indiana Constitution expressly protects the jury-trial right in civil cases. Ind. Const. art. 1, § 20. During trial, juries “are the exclusive judges of the evidence,” Rannells v. State, 18 Ind. 255, 257 (1862), and parties have a “constitutional right . . . to have a jury determine the credibility of the witnesses and the weight that shall be given the evidence and to decide the facts accordingly,” Cosme v. Clark, 232 N.E.3d 1141, 1149 (Ind. 2024) (quoting Novak v. Chicago & Calumet Dist. Transit Co., 135 N.E.2d 1, 5 (Ind. 1956)). Given this essential role, a trial court can only withdraw an issue from a jury’s consideration or overturn a jury’s verdict in limited circumstances.
Indianapolis Pub. Transp. Corp. v. Bush, No. 25S-CT-245, 2025 WL 2640911, at
*3 (Ind. Sept. 15, 2025). Under our trial rules, a trial court shall reverse a jury’s
verdict and enter judgment on the evidence if the verdict “is clearly erroneous
as contrary to the evidence because the evidence is insufficient to support it.”
Ind. Trial Rule 50(A). When considering such a motion, a trial court “has no
factfinding role and simply assesses whether ‘the evidence supports any
reasonable inference in favor of the nonmovant.’” Bush, 2025 WL 2640911, at
*4 (quoting Cosme, 232 N.E.3d at 1152). A party may move for judgment on
the evidence at various stages of the proceedings, including in a post-verdict
Trial Rule 59 motion to correct error. See T.R. 50(A)(4).
[23] When a party raises a Rule 50(A) argument in a Rule 59(J) motion to correct
error, “the trial court reviews the evidence as if it were considering a Rule 50(A)
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 11 of 25 motion raised before judgment at trial.” Bush, 2025 WL 2640911, at *5. 6 In
both instances, de novo review on appeal is appropriate because the paper record
alone is enough for a reviewing court to assess whether the evidence supports
any reasonable inference in favor of the nonmovant. Id. Accordingly, we
review de novo the trial court’s denial of Defendants’ motion to correct error.
See id. We must determine whether the evidence—viewed most favorably to
Gillaspy—supports the jury’s verdict. See id. In so doing, we will not weigh
conflicting evidence or assess witness credibility. See id.
[24] Although Defendants contend there was insufficient evidence to support the
verdict, Defendants do not argue Gillaspy failed to meet her burden of proof on
any essential elements of the malicious prosecution and abuse of process claims.
6 In a Trial Rule 59(J) motion to correct error, a party may argue the verdict is either “against the weight of the evidence” or “clearly erroneous as contrary to or not supported by the evidence.” T.R. 59(J)(7). In the first case, “the trial court acts as a ‘thirteenth juror’ and not only reviews the evidence but also weighs it and assesses witness credibility.” Bush, 2025 WL 2640911, at *4. In the latter case, the trial court does not weigh evidence or assess witness credibility. Id. In their motion to correct error, Defendants argued no evidence at trial supported the element of damages. See Appellant’s App. Vol. 2 at 61 (Defendants arguing in their motion to correct error that the jury’s verdict could not stand “[i]n light of this complete lack of evidence supporting an award of damages for emotional distress”); Tr. Vol. 5 at 35 (Defendants arguing at hearing on the motion to correct error there is a “complete absence of evidence to support two point five million dollars”). On appeal, Defendants now claim “[b]ecause there is no probative evidence supporting the essential element of damages to Gillaspy’s malicious prosecution and abuse of process claims, the jury’s verdict is against the weight of the evidence.” Appellants’ Br. at 17 (emphasis added). A claim the “proof is missing altogether on an element of a claim” is better understood as a claim the verdict is “clearly erroneous or not supported by the evidence” rather than “against the weight of the evidence.” See Weida v. Kegarise, 849 N.E.2d 1147, 1152 (Ind. 2006). To the extent Defendants now argue their Trial Rule 59(J) motion was a claim the verdict was against the weight of the evidence, we elect to modify the argument to challenge the basis of the trial court’s finding the verdict was clearly erroneous. See Neher v. Hobbs, 760 N.E.2d 602, 607 (Ind. 2002) (the appellate court “elect[ing] to modify the defendant’s argument to challenge the basis of the trial court’s finding that the verdicts were clearly erroneous” where the trial court’s order on a Trial Rule 59(J) motion was not based on its weighing of the evidence but upon its finding that the verdicts were clearly erroneous as contrary to the evidence).
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 12 of 25 Rather, Defendants attack the jury’s damage award of $2.5 million, arguing it
was excessive. When a party alleges a jury verdict is excessive or inadequate, a
motion to correct error is a prerequisite to appeal. See T.R. 59(A)(2). Our
Supreme Court has set out the standard for reviewing a claim that a damage
award is excessive:
We afford a jury’s damage awards great deference on appeal. A damage award will not be reversed if it falls within the bounds of the evidence. We look only to the evidence and inferences therefrom which support the jury’s verdict, and will affirm it if there is any evidence in the record which supports the amount of the award, even if it is variable or conflicting.
Sims v. Pappas, 73 N.E.3d 700, 709 (Ind. 2017) (internal quotations and citations
omitted). “Appellate courts will not substitute their idea of a proper damage
award for that of the jury.” Sears Roebuck & Co. v. Manuilov, 742 N.E.2d 453,
462 (Ind. 2001) (quoting Prange v. Martin, 629 N.E.2d 915, 922 (Ind. Ct. App.
1994), trans. denied). “Our inability to actually look into the minds of the jurors
is, to a large extent, the reason behind the rule that we will not reverse if the
award falls within the bounds of the evidence.” Id. (quoting Annee v. State, 271
N.E.2d 711, 713 (Ind. 1971)). “However, we will find the judgment to be
excessive if the amount cannot be based on anything other than prejudice,
passion, partiality, corruption, or some other element of improper
consideration.” Sims, 73 N.E.3d at 709.
[25] Many years ago, the Appellate Court of Indiana explained that in a malicious
prosecution action, “the plaintiff may recover all damages which are the natural
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 13 of 25 probable consequences of the malicious prosecution complained of,” which
includes “as compensatory damages the pecuniary loss which results directly
from such prosecution.” Dwyer v. McClean, 175 N.E.2d 50, 52 (Ind. App.
1961), trans. denied. 7 An “action for malicious prosecution, like actions for libel
or slander, involves the question of compensation for an injury to character.”
Id. (internal quotation omitted). As a result, the plaintiff’s “humiliation,
embarrassment, and mental anguish” are proper considerations for a jury
determining an award of compensatory damages in an action for malicious
prosecution. See Lazarus Dep’t Store v. Sutherlin, 544 N.E.2d 513, 526 (Ind. Ct.
App. 1989), trans. denied. And “a jury is afforded even greater latitude in
determining these kinds of damages than that discretion traditionally granted
juries in assessing damage awards.” Id.; see also Groves v. First Nat’l Bank of
Valparaiso, 518 N.E.2d 819, 831 (Ind. Ct. App. 1988) (“Our courts have
traditionally granted the jury a great deal of discretion in assessing damage
awards, especially when the jury is assessing damages of a kind for which the
law provides no precise standards of measurement.”) (internal citation omitted),
trans. denied. “Physical and mental pain are, by their very nature, not readily
susceptible to quantification, and, therefore, the jury is given very wide latitude
in determining these kinds of damages.” Groves, 518 N.E.2d at 831.
7 The plaintiff in a malicious prosecution action may “also recover as exemplary and punitive damages for the non-pecuniary losses if any have been sustained.” Dwyer, 175 N.E.2d at 52. In this case, Gillaspy did not request, and the jury did not award, punitive damages.
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 14 of 25 [26] At the close of trial, the trial court instructed the jury that in deciding the
amount of money to award as damages, if any, it may consider:
(1) the nature and extent of the harms and losses, and the effect of the harms and losses on Plaintiff’s ability to function as a whole person;
(2) whether the harms or losses are temporary or permanent;
(3) the value of lost time;
(4) the physical pain and mental suffering experienced and to be experienced in the future as a result of the harms and losses;
(5) the reasonable value of necessary medical care, treatment, and services plaintiff incurred and will incur in the future as a result of the harms and losses; and
(6) the aggravation of a pre-existing condition[.]
There is no fixed standard or measure in the case of intangible items such as humiliation, physical pain, embarrassment, mental anguish, and emotional distress. You must determine a fair and adequate award of these items through the exercise of your judgment and experience in the affairs of the world after considering all the facts and circumstances presented during the trial of this case.
Appellee’s App. Vol. 2 at 15. The trial court also gave an “eggshell skull”
instruction, stating, in part, that a “defendant is thus liable to the extent that
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 15 of 25 their conduct aggravates a pre-existing condition, but is not liable for damages
stemming from a pre-existing injury that independently causes harm.” Id. at 16.
[27] The evidence most favorable to Gillaspy is that after the February 13 incident
and after Newtone terminated her employment, she felt “horrible” because she
“didn’t have [a job] anymore” or “any way of bringing at least a little money
back into the house.” Tr. Vol. 4 at 86. She stopped exercising and gained
weight. When she started working at VASA in December 2019, her
“confidence was coming back” and she felt “that good feeling of at least having
that part of my life back.” Id. at 86, 87. But then Defendants filed their
counterclaims against Gillaspy in April 2020. When asked at trial how that
made her feel, Gillaspy responded:
Well, at first I was in shock. I had no idea how I could be being sued . . . for things that weren’t even true, for things I didn’t do, for, I mean, it just brought everything, all the same feelings from February 13th of---I didn’t know what I could do, what, I was going to [sic] not only lost my job, I am getting called a liar and now I’m being sued for two point one million dollars.
Id. at 90. She elaborated: “It felt horrible [and] like I was powerless.” Id. at 91.
It made her feel “[s]mall” and she again lost her confidence. Id. at 99. Gillaspy
testified she “pulled away a lot more” from her husband because she just
“didn’t know what to do.” Id. at 91. She would think about the fact she was
being sued “all the time” while at work and at home. Id. After she was sued,
she again stopped exercising. Although that was around the same time as the
COVID-19 pandemic caused VASA to close temporarily, she testified since
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 16 of 25 then, “I completely pretty much stopped . . . [w]orking out at the gym [and]
teaching . . . . Up until now I don’t work out like I should. Or used to.” Id. at
92. She also testified Defendant’s countersuit negatively impacted her job at
VASA, because she felt “the same feelings from 2018, of distancing myself from
all the things I loved doing there.” Id. at 94.
[28] Gillaspy’s husband, Carlton Oswald, also testified at trial. According to
Oswald, Gillaspy “loved being a personal trainer” because she “loved helping
people” and “was definitely a lot happier” when she was working as one. Tr.
Vol. 3 at 178. After Vaughn’s sexual misconduct, “she was physically and
emotionally distraught” and the events “took a toll” on their children. Id. at
179–80. After several months, she began to improve and “she started working
out again and we were doing things as a family.” Id. As he described, “she
really didn’t seem to get happier until she started personal training again” at the
end of 2019. Id. at 182. But after Defendants filed their countersuit, Oswald
testified Gillaspy “pulled away from the family” and they “quit doing stuff”
together, such as going out to eat. Id. at 177. And a “big one for her, she quit
working out.” Id.
[29] Sarah Scales, Gillaspy’s friend, testified Gillaspy appeared “withdrawn and
depressed and she was back into a bad state of mind” when Defendants sued
her. Id. at 187. She noticed Gillaspy was “quiet,” did not “want to go do
anything,” did not talk or “return texts or calls.” Id. According to Scales,
Gillaspy was feeling “mostly disbelief and sad and just upset that everything
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 17 of 25 was happening.” Id. At the time of trial, Scales described Gillaspy as “not the
same happy person that she was before.” Id. at 193.
[30] Considering the evidence most favorable to Gillaspy, the jury could reasonably
infer Gillaspy suffered humiliation, embarrassment, mental anguish,
discomfort, and inconvenience at being sued for defamation after she sought
redress for Vaughn’s sexual misconduct. See, e.g., Snider v. Lewis, 276 N.E.2d
160, 175–76 (Ind. App. 1971) (holding a jury could reasonably infer a trial court
judge suffered “humiliation, embarrassment, mental anguish, harassment, and
doubts as to his honesty and integrity . . . in his community” as the result of a
federal lawsuit filed against him and others and the fact the contents of the suit
became common knowledge). And given Gillaspy’s personal history with being
accused of lying about accusations of sexual abuse, the jury could reasonably
infer Defendants’ actions of suing Gillaspy for defamation after she alleged
Vaughn engaged in sexual misconduct aggravated a preexisting injury.
[31] Defendants’ arguments acknowledge there was evidence—albeit a “paucity” of
it, in their view—tending to show Gillaspy suffered mental anguish when
Defendants maliciously subjected her to legal process. Appellants’ Br. at 15; see
also Appellant’s Reply Br. at 11 (“Vaughn concedes that there was testimony
concerning mental distress experienced by Gillaspy following the filing of the
Federal Counterclaim[.]”). Still, Defendants argue the jury verdict cannot stand
because Gillaspy failed to present evidence she suffered some physical or
psychological manifestation of emotional distress. See Appellant’s Br. at 15
(citing Lazarus, 544 N.E.2d 513, 526).
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 18 of 25 [32] Defendants liken this case to Groves v. First National Bank of Valparaiso, in which
this Court set aside a jury verdict of compensatory damages for mental anguish
as excessive. 518 N.E.2d 819. There, the plaintiffs sued a bank for breach of
contract and fraud after the bank sold them real property with clouded title. At
trial, the plaintiffs testified they incurred legal expenses and were frightened and
angry when they learned they no longer had good title, and the jury returned a
general verdict of $100,000 for the plaintiffs, most of which was for mental
anguish. See id. at 831 n.6 (“The bulk of the verdict, then, must have been for
mental anguish.”). On appeal, this Court reviewed the damages for emotional
distress “with some reluctance,” observing the appellate court was “not, after
all, present to review the demeanor of the witnesses as they recounted the
events which occurred here and the emotional trauma which the events
induced[.]” Id. at 831. Still, the Groves Court concluded “that, in the absence of
evidence of any physical or psychological manifestation of mental anguish, the
award of nearly $100,000” was too high. Id. at 832. The Court remanded for a
new trial to determine the proper amount of compensatory damages for mental
anguish and if the plaintiffs were entitled to exemplary damages for fraud.
[33] We do not reach the same conclusion as the Groves Court. Like the Court
there, we are reluctant to invade the province of the jury, particularly where it
was called to assess damages “of a kind for which the law provides no precise
standards of measurement.” Id. at 831. But unlike in Groves, the evidence here
extends beyond temporary feelings of fright and anger. The testimony
established Gillaspy lost interest in activities she formerly enjoyed, such as
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 19 of 25 working out with others. Her relationships with family and friends suffered, as
did her ability to engage in her work. And she experienced physical changes,
such as weight gain. Scales testified to the lasting impact on Gillaspy,
describing Gillaspy at trial as “not the same happy person that she was before.”
Tr. Vol. 3 at 193. Groves does not compel us to set aside the jury verdict.
[34] Defendants also argue Gillaspy failed to prove her injuries were caused by the
filing of the federal counterclaims. According to Defendants, causation “is a
complicated medical question” requiring expert medical testimony to establish.
Appellant’s Br. at 17 (citing Topp v. Leffers, 838 N.E.2d 1027, 1032 (Ind. Ct. App.
2005), trans. denied). In the context of negligence claims, ordinarily “the
question of the causal connection between a permanent condition, an injury
and a pre-existing affliction or condition is a complicated medical question.”
Daub v. Daub, 629 N.E.2d 873, 877–78 (Ind. Ct. App. 1994), trans. denied.
“When the issue of cause is not within the understanding of a lay person,
testimony of an expert witness on the issue is necessary.” Id. at 878. Therefore,
expert medical testimony is ordinarily required to establish causation in fact, or
“but for” causation, to satisfy the requirement of a reasonable connection
between a defendant’s conduct and the damages a plaintiff has suffered. See id.
(in negligence action, expert testimony necessary to establish slip-and-fall
caused plaintiff’s back injury); Topp, 838 N.E.2d at 1033 (in negligence case,
expert testimony necessary to establish car accident caused plaintiff’s neck and
back pain). But Defendants point us to no authority that expert testimony was
necessary to aid the jury in determining that Gillapsy’s mental anguish was the
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 20 of 25 “natural probable consequence[]” of Defendants’ malicious prosecution.
Dwyer, 175 N.E.2d at 52. And even in the context of a negligence claim, no
expert testimony is required “on medical matters which are within the common
experience, observation, or knowledge of laymen[.]” Renner v. Shepard-Bazant,
172 N.E.3d 1208, 1214 (Ind. 2021) (citation omitted). No expert testimony was
necessary here, especially given our precedent approving of compensatory
damages for mental anguish in actions for malicious prosecution. See Lazarus,
544 N.E.2d at 526.
[35] Defendants also argue the jury’s verdict cannot be explained by anything other
than prejudice, passion, partiality, or some other element of improper
consideration, and therefore must be excessive. Indeed, a jury’s discretion in
making a damage award is not limitless, and judicial intrusion may be
warranted when the amount of damages “appear[s] to be so outrageous as to
impress the court at ‘first blush’ with its enormity.” TRW Vehicle Safety Sys., Inc.
v. Moore, 936 N.E.2d 201, 221 (Ind. 2010) (quoting Kimberlin v. DeLong, 637
N.E.2d 121, 129 (Ind. 1994)).
[36] Defendants first contend the award failed the “first blush” test when the trial
court read the verdict aloud in court. The court stated: “we the jury decide in
favor of the plaintiff . . . and decide that plaintiff’s damages are, if I have this
correct, two million five hundred thousand dollars. Is that accurate? Okay.
Counsel, go ahead and be seated. Does anybody wish to poll the jurors in this
case?” Tr. Vol. 5 at 10. Both parties declined. Although Defendants contend it
is “apparent” the Court’s comments “were not related to poor penmanship on
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 21 of 25 the part of the foreperson,” we cannot be so sure. Appellant’s Br. at 19. This is
perhaps a good example of how, as an appellate court, we are in a poor position
to assess demeanor on a cold record. Transcribed, the trial court’s comments
convey no shock or surprise at an outrageous verdict.
[37] Beyond first blush, Defendants argue the jury’s verdict can only be explained as
an attempt “to punish the Defendants for a sexual assault, sex abuse, wrongful
termination and for being a womanizer.” Id. at 21–22. Defendants allege
Gillaspy’s “entire trial plan was designed to inflame the passion of the jury and
garner prejudice against Vaughn.” Id. at 22. They point to opposing counsel’s
focus on sexual assault in voir dire; trial testimony about Vaughn’s treatment of
other female employees; Gillaspy’s testimony about childhood sexual abuse;
and statements Gillaspy’s counsel made in closing arguments.
[38] As to plaintiff’s counsel’s statements in jury selection and closing arguments,
Defendants largely did not object to the statements they now complain about
on appeal. They have failed to preserve these alleged errors for our
consideration. See Wisner v. Laney, 984 N.E.2d 1201, 1208–09 (Ind. 2012)
(failure to object to allegedly improper statements made by counsel in voir dire
and closing arguments waives challenges to the statements on appeal). 8
8 Defendants once objected during voir dire to Gillaspy’s line of questioning about whether a victim of sexual assault can suffer trauma absent penetration and whether such harm can be valued at millions of dollars. Defendants’ objection was based on their belief Gillaspy’s counsel was using a juror who was a therapist with experience treating sexual assault victims to educate other prospective jurors about the effects of sexual violence on victims. The trial court held a sidebar conference, during which Defendants’ counsel then appeared to agree the questions were permissible to some extent. Tr. Vol. 2 at 148 (defense counsel stating, “maybe I don’t have a valid objection, but the first question was, can we talk about damages when there’s no
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 22 of 25 Similarly, regarding the testimony of former Newtone employees that Vaughn
persistently made comments about their appearances, Defendants either did not
object or withdrew their objections. See Tr. Vol. 3 at 151 (trial court
acknowledging Defendants withdrew their objection to first employee’s
testimony); Id. at 166 (no objection to second employee’s testimony Vaughn
made “sex advances towards” her); Id. at 197 (no objection to Scales’ testimony
characterizing defense counsel as “representing somebody for sexual assault”).
[39] Still, we acknowledge Defendants’ argument on appeal is not so much about
individual evidentiary rulings but the cumulative effect of Gillaspy’s trial
strategy, which Defendants contend focused too significantly on Vaughn’s
sexual misconduct. See Appellant’s Reply Br. at 12 (“Collectively [counsel’s
comments and the allegedly improperly admitted evidence] support a tangible
indication that the jury acted out of prejudice, passion, or partiality to punish
Vaughn for something other than filing a compulsory counterclaim.”).
[40] To that end, the trial court went to great pains to avoid conducting a “trial
within a trial” about Vaughn’s sexual misconduct and to prevent confusing the
penetration? Alright, okay”). In any case, Defendants do not claim on appeal these questions were asked over their objection. Having reviewed the entire record, we conclude the objection, if any, was waived. Defendants also objected once during closing arguments to Gillaspy’s counsel’s commentary on the fact a former Newtone employee’s boyfriend accompanied her to court when she testified. Gillaspy’s counsel stated in closing, “in testifying yesterday, this woman, brought her big strong boyfriend with her. Because even though she no longer works for [Vaughn], she’s under his thumb. She still wanted to bring some protection.” Tr. Vol. 2 at 218. Defendants objected, but the trial court ruled, “The parties are allowed to characterize the evidence as they see fit.” Id. On appeal, Defendants make no independent argument that the trial court abused its discretion in so ruling.
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 23 of 25 issues or misleading the jury into awarding damages based on sexual
misconduct, rather than Gillaspy’s claims that Defendants abused the judicial
process. Yet the parties agreed the resolution of Gillaspy’s malicious
prosecution claim depended on whether Defendants had probable cause to
countersue Gillaspy for defamation in the federal lawsuit, which in turn
depended on whether Vaughn engaged in sexual misconduct or Gillaspy was
lying about it. Given the nature of the claims in both lawsuits, discussion of
Vaughn’s acts of sexual misconduct was unavoidable. And we tend to agree
with Gillaspy that this was largely a problem of Defendants’ own making,
having chosen to put Vaughn’s and Gillaspy’s credibility about the events of
February 13 at issue when Vaughn countersued for defamation. After all, truth
is a complete defense to a civil defamation claim. Melton, 925 N.E.2d at 437.
[41] From the start, the trial court acknowledged the difficulty in parsing the issues.
The record shows the court and parties extensively discussed the jury
instructions to aid the jury’s decision and ensure the jury, if deciding for
Gillaspy, appropriately assessed damages. The trial court instructed the jury on
the elements of malicious prosecution, abuse of process, defamation, probable
cause, malice, and damages, including the “eggshell skull” doctrine. The
instructions explained the proper standard of proof. The trial court also
instructed: “Do not base your verdicts on sympathy, bias, or prejudice.”
Appellee’s App. Vol. 2 at 11. On appeal, Defendants claim no error in the
instructions the trial court gave the jury. And we must presume the jury
followed them. Pruitt v. State, 622 N.E.2d 469, 473 (Ind. 1993). Defendants
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 24 of 25 have failed to show the jury’s verdict and damage award were based on
improper consideration. Accordingly, we cannot conclude the jury’s award was
excessive.
Conclusion [42] The trial court did not abuse its discretion in admitting certain testimony.
Sufficient evidence supports the jury’s verdict, and the award is not excessive.
[43] Affirmed.
Bradford, J., and Pyle, J., concur.
ATTORNEYS FOR APPELLANTS Ryan C. Munden S. Kyle Dietrich Reiling Teder & Schrier, LLC Lafayette, Indiana
ATTORNEY FOR APPELLEE Duran L. Keller Keller Law Lafayette, Indiana
Court of Appeals of Indiana | Opinion 24A-CT-1239| October 20, 2025 Page 25 of 25