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SIMPSON v. MSA OF MYRTLE BEACH, INC.

No. 26293.

373 S.C. 14 (2007)

644 S.E.2d 663

Sherry H. SIMPSON, Respondent, v. MSA OF MYRTLE BEACH, INC. d/b/a Addy's Harbor Dodge, Daimler Chrysler Services NA, LLC, and CrossCheck, Inc., Defendants, of whom MSA of Myrtle Beach, Inc. d/b/a Addy's Harbor Dodge, is the Appellant.

Supreme Court of South Carolina.

Decided March 26, 2007.

Rehearing Denied May 23, 2007.

Attorney(s) appearing for the Case

Joseph Gregory Studemeyer, of Columbia, for Appellant.

Lawrence Sidney Connor, IV, of Kelaher, Connell & Connor, of Surfside Beach, for Respondent.

Chief Justice TOAL:

This case arises out of an arbitration clause in an automobile trade-in contract between an automobile dealership and a customer. The automobile dealership filed a motion for protective order and/or to stay and to compel arbitration in response to the customer's civil action. The trial court denied the dealership's motion on the grounds that the arbitration clause was unconscionable. This appeal followed.

FACTUAL/PROCEDURAL BACKGROUND...

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