Justice v. Pantry

HOWARD, Judge:

Jay Justice filed two lawsuits against The Pantry and others (Defendants), under S.C.Code Ann. § 32-1-20 (1991), to recover gambling debts incurred by his mother and sister while playing video poker machines. 1 The trial court dismissed both suits on Defendants’ motion, ruling: 1.) Justice failed to state facts sufficient to constitute a cause of action pursuant to Rule 12(b)(6), SCRCP; and 2.) section 32-1-20 was impliedly repealed by enactment of the Video Game Machines Act, S.C.Code Ann. §§ 12-21-2770 to 2809 (Supp.1997). Justice appeals. We reverse and remand.

I. ISSUES

A. Did…