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GARDNER v. NEWSOME CHEVROLET-BUICK, INC.

23334

304 S.C. 328 (1991)

404 S.E.2d 200

Daryl GARDNER, individually and for the benefit of, and on behalf of, the class of all others similarly situated, Appellant v. NEWSOME CHEVROLET-BUICK, INC., Respondent; and Debra PRIOLEAU, individually and for the benefit of, and on behalf of, the class of all others similarly situated, Appellant v. NEWSOME TOYOTA, INC., Respondent.

Supreme Court of South Carolina.

Decided February 4, 1991.

Rehearing Denied April 24, 1991.

Attorney(s) appearing for the Case

Thomas H. Curlee, Jr., of Lourie, Curlee, Barrett & Popowski, Columbia, for appellants.

James C. Cox, Jr., of Saleeby, Cox & Bledsoe, P.A., Hartsville, and Robert W. Foster, Jr., of Nelson, Mullins, Riley & Scarborough, Columbia, for respondents.

J. Reese Daniel, Columbia, for amicus curiae, S.C. Auto. and Truck Dealers Ass'n.

Heard June 1, 1990.

Decided Feb. 4, 1991.

Rehearing Denied April 24, 1991.

FINNEY, Justice:

Appellant Daryl Gardner appeals the trial court's denial of his motion for class action certification.1 We reverse.

Appellant purchased a vehicle from respondent Newsome Chevrolet-Buick, Inc., and paid, as part of the purchase price, ninety-nine and 50/100 ($99.50) dollars, identified on the contract of sale as a...

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