Brandi Clarkson v. J. King Real Estate, LLC
2023-001661
S.C. Ct. App.Jun 25, 2025Background
- Brandi Clarkson sued J. King Real Estate, LLC and Jason Ernest King for alleged violations of the South Carolina Unfair Trade Practices Act (SCUTPA) and intentional interference with prospective contractual relations.
- The case originated in Lexington County and involved disputes over alleged deceptive or unfair business practices and interference with potential business contracts.
- The circuit court granted directed verdicts in favor of the defendants (Respondents) on both of Clarkson's claims, finding insufficient evidence to go to the jury.
- Post-verdict, Clarkson moved for a new trial, which the circuit court denied, noting her failure to provide evidence of an unfair or deceptive act.
- Clarkson appealed, challenging the denial of her new trial motion and the directed verdicts.
- The South Carolina Court of Appeals affirmed the lower court's rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of New Trial Motion | Circuit court relied on error of law | Decision was based on lack of evidence | Denial affirmed; based on lack of evidence |
| Directed Verdict on SCUTPA | Sufficient evidence of unfair act | No evidence of unfair/deceptive act | Affirmed; no evidence provided |
| Directed Verdict on Intentional Interference | King interfered with contracts | No evidence of any contract or improper means | Affirmed; insufficient evidence |
Key Cases Cited
- Brinkley v. S.C. Dep't of Corr., 386 S.C. 182 (Ct. App. 2009) (sets standard for new trial motion review)
- Daisy Outdoor Advert. Co. v. Abbott, 322 S.C. 489 (1996) (explains public interest element in SCUTPA claims)
- deBondt v. Carlton Motorcars, Inc., 342 S.C. 254 (Ct. App. 2000) (defines unfair trade practice under SCUTPA)
- Eldeco, Inc. v. Charleston Cnty. Sch. Dist., 372 S.C. 470 (2007) (describes elements of intentional interference with prospective contractual relations)
- United Educ. Distribs., LLC v. Educ. Testing Serv., 350 S.C. 7 (Ct. App. 2002) (intent requirement for interference claims)
