Berkebile v. Outen

Toal, Justice:

This case is an appeal from the circuit court’s dismissal of a civil cause of action under SCRCP, Rule 12(b)(6). We reverse and remand.

FACTS

Respondent, Outen, operates Outen Amoco whose primary business is video poker machines. Video poker machines are operated by patrons who deposit money to play poker hands. Outen then pays cash to any player who wins free plays on the machines. On December 5, 1990, Appellant, Berkebile, lost $4,000 playing video poker at Outen’s Amoco. She delivered eight checks for $500 each to Outen. At the time of delivery, Berkebile explained to Outen…