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JUSTICE v. PANTRY

No. 2787.

330 S.C. 37 (1998)

496 S.E.2d 871

Jay JUSTICE, Appellant, v. The PANTRY, Hot Spot, R.L. Jordan, Short Stop, Thomas Reagan, Li'l Cricket Food Stores, Gorgon Zuber, The Dugout, Mid-South, Inc., Fuel City Number 61, Briar Patch, Jerry Matheson, Aladdins, Mary Heatherly Thirty Something, Gene Lamb and Mary Alice Lamb, and Highway Number 9 Auto Stop, and Steve West, Respondents.

Court of Appeals of South Carolina.

Decided January 26, 1998.

Rehearing Denied March 19, 1998.

Attorney(s) appearing for the Case

Christopher G. Isgett, of Lee, Eadon, Isgett & Popwell, Columbia, for appellant.

Dwight F. Drake and Zoe Sanders Nettles, both of Nelson, Mullins, Riley & Scarborough, Columbia; H. Buck Cutts, Surfside Beach; John J. McCauley, of Breibart, McCauley & Newton, Lexington; and William E. Winter, Jr., of Winter & Rhoden, Gaffney, for respondents.

HOWARD, Judge:

Jay Justice filed two lawsuits against The Pantry and others (Defendants), under S.C.Code Ann. § 32-1-20 (1991), to recover gambling debts incurred by his mother and sister while playing video poker machines.1 The trial court dismissed both suits on Defendants' motion, ruling: 1.) Justice failed to state facts sufficient to constitute a cause of action pursuant to Rule 12(b...

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