Mullinax v. J.M. Brown Amusement Co.

HUFF, Judge:

Gladys Mullinax filed this action for the recovery of her husband’s gambling losses under S.C.Code Ann. § 32-1-20 (1991) in 1993. The trial judge directed a verdict for Respondents on the grounds that Appellant’s suit was collusive and barred by § 32-1-20. After a review of the legislative policy behind the statute and an examination of other jurisdictions’ interpretations of the statute, we reverse and remand. 1

FACTS

Mrs. Mullinax filed this action against Respondents to recover losses her “helplessly addicted” husband sustained from 1991 to 1998 while playing video poker on…