Justice v. the Pantry

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

BURNETT, Justice:

This Court granted certiorari to review the Court of Appeals’ opinion in Justice v. The Pantry, 330 S.C. 37, 496 S.E.2d 871 (Ct.App.1998). 1 We affirm as modified.

FACTS

Respondent filed two lawsuits against petitioners under S.C.Code Ann. § 32-1-20 (1991) to recover gambling losses incurred by his mother and sister while playing video poker. Petitioners moved to dismiss pursuant to Rule 12(b)(6), SCRCP, claiming respondent failed to plead facts sufficient to support a cause of action under the statute. Relying on Trumbo v. Finley,…