South Carolina Supreme Court Hears ‘Uncharted’ Case

Lauren Proctor lost $700,000 playing illegal video poker at two South Carolina restaurants. A state court upheld her right to sue to recoup the money. But the two restaurants asked the state Supreme Court to determine if a gambler can sue for recouped losses on an illegal game. "It's uncharted territory," said the restaurants' attorney.

The South Carolina Supreme Court will hear the case of Lauren Proctor, who lost 0,000 playing video poker at two restaurants in Columbia, South Carolina. According to court documents, Proctor lost the money when she was addicted to video gambling, which has been illegal in the state since 2000. She sued to recoup her money back under the South Carolina Unfair Trade Practices Act. Her lawyers argued that courts previously have found habitual gamblers act on “uncontrollable impulses” and deserve protection from themselves. A state appellate court upheld Proctor’s right to sue.

But Rockaway Athletic Club and Pizza Man, the two restaurants where she lost $1,000 to $5,000 weekly from 1999 to 2005, appealed to the high court. James M. Griffin, a lawyer for the restaurant owners, said the issue before the court is whether a gambler can sue for recouped losses on a game that is illegal in the state. “It’s uncharted territory. Where do you draw the line? We’ll have cockfighters suing each other, and people suing over dog fighting,” he said.

Proctor embezzled money from her employer, TransUnion National Title Insurance Company, to pay her gambling debts. In 2007, she pleaded guilty to fraud and agreed to pay back $700,000 in money she stole, according to federal court records.

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