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FERGUSON v. CHARLESTON LINCOLN/MERCURY

No. 3300.

344 S.C. 502 (2001)

544 S.E.2d 285

Patricia FERGUSON, individually and on behalf of the Estate of Howard D. Ferguson and on behalf of all others similarly situated, Appellants, v. CHARLESTON LINCOLN/MERCURY, INC., Respondent.

Court of Appeals of South Carolina.

Decided February 20, 2001.

Rehearing Denied April 23, 2001.

Attorney(s) appearing for the Case

Justin Lucey, John G. Brown, II, Justin O'Toole Lucey and M. Lee Robertson, all of Mount Pleasant, for appellants.

Henry E. Grimball, of Buist, Moore, Smythe & McGee, of Charleston, for respondent.

CURETON, Judge:

Howard Ferguson (Mr. Ferguson) sued Charleston Lincoln/Mercury, Inc. (CLM) for engaging in unfair or deceptive trade practices during his purchase of an automobile from a CLM dealership. Mr. Ferguson died during the pendency of the action, but his wife, Patricia, continued to prosecute the action in his stead. She also sought class action certification. The trial court granted summary judgment to CLM and ruled...

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