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PARTAIN v. UPSTATE AUTOMOTIVE GROUP

No. 26768.

386 S.C. 488 (2010)

689 S.E.2d 602

Amos Keith PARTAIN, Petitioner, v. UPSTATE AUTOMOTIVE GROUP, Respondent.

Supreme Court of South Carolina.

Decided February 8, 2010.

Rehearing Denied March 17, 2010.

Attorney(s) appearing for the Case

W.N. Epps, Jr., and W.N. Epps, III, both of Epps, Nelson and Epps, of Anderson, for Petitioner.

Hannah Rogers Metcalfe and Troy A. Tessier, both of Wyche, Burgess, Freeman & Parham, of Greenville, and John C. Moylan, III, of Wyche, Burgess, Freeman & Parham, of Columbia, for Respondent.

PER CURIAM:

In this case we consider whether a tort claim premised on an alleged "bait and switch" is subject to an arbitration clause. Because we find the alleged conduct was not within the contemplation of the parties when they entered into the agreement, we find that the arbitration clause does not apply and we reverse the Court of Appeals opinion to the contrary.

FACTS

In March 2006, Petitioner Amos...

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