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Panik v. Dunes Vill. Props. LLC

Applying South Carolina law, the Court of Appeals found that the individual defendant made no representation proximately resulting in the plaintiff's alleged damages in a claim based on the failure to timely complete the fabrication and installation of waterslides for a condominium complex in Myrtle Beach.

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This appeal arises on a complaint for damages filed by Dunes Village Properties, LLC Dunes Village, against USA Slide, Inc. USA Slide, its owner now deceased, Richard Andert, and USA Slide employees Keith Panik and Michael Homer. Dunes Village filed its complaint based upon USA Slide’s failure to timely complete the fabrication and installation of four waterslides during the construction of a condominium complex in Myrtle Beach, South Carolina, known as Dunes Village Phase Two the Project. Dunes Village alleged counts of breach of contract, unjust enrichment, and money had and received, against USA Slide, and counts for fraud, conversion, punitive damages, and attorney fees against each of the individual defendants. By its final judgment, the trial court granted Dunes Village’s motion to enforce a settlement agreement and request for attorney fees against USA Slide in the amount of $125,000, together with prejudgment interest of $6,712.33. The trial court otherwise granted Dunes Village’s motion for summary judgment against Andert, Panik, and Homer on its fraud claims.

On appeal, Panik claims the trial court erred by granting summary judgment in favor of Dunes Village. Panik also asserts that the trial court “erred in imposing liability against him as an employee of a corporate defendant in violation of the legal doctrine of respondeat superior.” emphasis in original. Finding that Panik made no representation proximately resulting in the damages at issue, we conclude that summary judgment for Dunes Village was error and reverse.

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