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Wright v. Waterberg Big Game Hunting Lodge Otjahewita Pty Ltd.

The trial court erred in dismissing the plaintiff's breach of contract claim against an African safari company after the company canceled portions of a hunting trip the plaintiff won in an auction for a charitable organization.

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This is the third appearance of this case before this Court. As set forth in the previous appeals and as shown by the record, Appellant Joseph “Jerry” Wright was a long-time member of Safari Club International, Inc. “SCI”, a charitable organization that holds conventions at which attendees have the opportunity to bid at auction on various goods, services, and hunting excursions, which primarily have been donated to SCI by third parties “outfitters”. Wright v. Safari Club Intl., 307 Ga. App. 136 706 SE2d 84 2010 “Wright I”; Wright v. Safari Club Intl., 322 Ga. App. 486 745 SE2d 730 2013 “Wright II”. In 2007, Wright attended SCI’s seminar in Reno, Nevada and was the successful bidder on a 14-day hunting and fishing trip to the Republic of South Africa and Namibia offered and conducted by one such outfitter, Appellee Waterberg Big Game Hunting Lodge Otjahewita Pty, Ltd. “WABI”. See Wright II, 322 Ga. App. at 486. WABI subsequently canceled portions of the safari, and Wright brought suit against SCI and WABI for breach of contract and violation of the Georgia Fair Business Practices Act “FBPA”, OCGA § 10-1-393. See Wright II, 322 Ga. App. at 494-495 5 Wright had permission to add WABI as a party defendant in his second amended complaint.

The trial court granted SCI’s motion for summary judgment, and this Court previously affirmed that ruling. Id. at 489-493 1, 2, 3, 4. The trial court later granted WABI’s motion to dismiss Wright’s complaint for failure to state a claim. Wright appeals. For the reasons explained below, we reverse in part, as to the dismissal of Wright’s breach of contract claim.

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