Gillespie v. Landers

Plaintiff Shirley Gillespie purchased a 1989 Chrysler Conquest automobile from Okey Landers, III (Landers III), at Landers Chrysler Plymouth Dodge, Inc. (Landers Dodge), a corporation owned by Landers IIIs father, Okey Landers, Jr. (Landers Jr.). She alleges that Landers III, an employee of Landers Dodge, represented to her that the automobile was new when in fact it had been used, wrecked, and restored. As a result, she filed this action in the District of South Carolina against Landers III, Landers Jr., and others, alleging various claims including violation of the South Carolina Unfair Trade Practices Act (UTPA), S.C. Code Ann. §§ 39-5-10-160 (Law. Co-op. 1985). Landers Jr. was joined as a defendant on the theory that as "the sole stockholder and principal of Landers Dodge," he was "responsible for the acts of [its] agents, servants and employees," including those of Landers III. J.A. at 14-15.