Unlimited Services, Inc. v. Macklen Enterprises, Inc.

Decision Date04 October 1990
Docket NumberNo. 23333,23333
Citation401 S.E.2d 153,303 S.C. 384
CourtSouth Carolina Supreme Court
PartiesUNLIMITED SERVICES, INC., Petitioner, v. MACKLEN ENTERPRISES, INC., and Melton Macklen, Respondents. . Heard

Henrietta U. Golding and Preston B. Haines, III, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., Myrtle Beach, for petitioner.

John L. Sweeny, of Hudson and Sweeny, Myrtle Beach and William I. Diggs, North Myrtle Beach, for respondents.

TOAL, Justice:

This action was brought by restaurant owners Unlimited Services, Inc. against landlord Macklen Enterprises, Inc., and its sole owner, Melton Macklen, to recover damages for fraudulent misrepresentations and deceit. The jury awarded Unlimited $134,542.04 in actual damages and $100,000 in punitive damages. The Court of Appeals reversed on the grounds that Unlimited had no right to rely on the representations of respondents and therefore the trial court should have granted a directed verdict or judgment non obstante veredicto. We disagree and therefore reverse the decision reported at 298 S.C. 552, 382 S.E.2d 1 (1989).

FACTS

The action arose out of alleged misrepresentations made in connection with a lease agreement between Unlimited and Macklen Enterprises. In the fall of 1983, a restaurant was constructed on the subject premises and a lease signed between Macklen Enterprises and Origin, Inc. The property runs parallel to U.S. Highway 17. During the construction of the restaurant, an access road from the highway was constructed. The road led from the highway to the restaurant parking lot. The restaurant was completed in April 1984 and was operated as "Gina's Top Hat."

After Origin, the original lessee, closed its restaurant, William Smith and Mary-Margaret Sargent of Unlimited visited the site on several occasions and ultimately purchased the restaurant and executed an assignment of lease for the property. In February 1985, Unlimited opened the restaurant under the name "Bullshipper's." In April 1985, the Highway Department erected signs prohibiting the use of the access. The Highway Department later placed barricades across the access. When the barricades were knocked down, the Highway Department dug culverts making use of the access impossible. The restaurant business steadily declined and eventually closed in November 1985.

DISCUSSION

Unlimited contends that the Court of Appeals failed to consider all of the evidence in the record when it reversed the jury verdict.

In ruling on motions for a directed verdict or judgment non obstante veredicto, the trial court must view the evidence and all reasonable inferences in the light most favorable to the non-moving party, and if it is susceptible of more than one reasonable inference, the case should be submitted to the jury. Cutchin v. South Carolina Dept. of Highways and Public Transportation, --- S.C. ----, 389 S.E.2d 646 (1990); Peggy O. Henderson v. St. Francis Community Hospital, --- S.C. ----, 399 S.E.2d 767 (1990).

The Court of Appeals found that there was no evidence to support the contention that the access was permanent and therefore the evidence was susceptible to only one reasonable inference. We disagree.

Viewing the evidence in a light most favorable to Unlimited, more than one reasonable inference can be drawn in regard to the contention that the access was permanent. Evidence was presented upon which a jury could base such a finding.

Evidence was presented that the driveway from the highway was the only access to the restaurant. The only other possible access to the restaurant was by entering an access about a quarter mile south of the restaurant which led to a Waffle House and then traveling down a frontage road to the restaurant. The frontage road from the Waffle...

To continue reading

Request your trial
39 cases
  • Estate of Haley ex rel. Haley v. Brown, 4140.
    • United States
    • South Carolina Court of Appeals
    • July 24, 2006
    ...the case should be submitted to the jury. Erickson, 368 S.C. at 462, 629 S.E.2d at 663; see also Unlimited Servs., Inc. v. Macklen Enters., Inc., 303 S.C. 384, 386, 401 S.E.2d 153, 154 (1991) ("In ruling on motions for a directed verdict . . ., the trial court must view the evidence and all......
  • Williams v. Quest Diagnostics, Inc.
    • United States
    • U.S. District Court — District of South Carolina
    • October 18, 2018
    ...that questions concerning reliance and its reasonableness are factual questions for the jury." Unlimited Services, Inc. v. Macklen Enterprises, Inc. , 303 S.C. 384, 401 S.E.2d 153, 155 (1991) (citing Starkey v. Bell , 281 S.C. 308, 315 S.E.2d 153 (S.C. App. 1984) (holding that "issues of re......
  • Fairchild v. S.C. Dep't of Transp.
    • United States
    • South Carolina Supreme Court
    • May 25, 2012
    ...be submitted to the jury when the evidence is susceptible of more than one reasonable inference. Unlimited Servs., Inc. v. Macklen Enters., Inc., 303 S.C. 384, 401 S.E.2d 153 (1991). It is not the duty of the trial court to weigh the testimony in ruling on a motion for a directed verdict. Y......
  • Redwend Ltd. Partnership v. Edwards
    • United States
    • South Carolina Court of Appeals
    • April 14, 2003
    ...is that questions concerning reliance and its reasonableness are factual questions for the jury." Unlimited Servs., Inc. v. Macklen Enters., Inc., 303 S.C. 384, 387, 401 S.E.2d 153, 155 (1991); see also Starkey v. Bell, 281 S.C. 308, 313, 315 S.E.2d 153, 156 (Ct.App.1984) ("Issues of relian......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT