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Andrade v. Johnson3/19/2001
Appeal From Beaufort County Howard P. King, Circuit Court Judge
Heard September 12, 2000
AFFIRMED IN PART AND REVERSED IN PART
In this action alleging negligence, violation of the South Carolina Unfair and Deceptive Trade Practices Act (UTPA), fraud, and breach of contract, June Andrade appeals the trial court's order which: (1) dismissed her action against South Carolina Electric & Gas which was based on its vicarious or derivative liability due to the negligence of the installer; (2) held SCE&G;exempt from the UTPA; and (3) directed a verdict against her on the negligence claims against SCE&G; We affirm in part and reverse in part.
FACTS
In the fall of 1994, June Andrade decided to replace the existing heating, ventilation, and air conditioning (HVAC) system in her Beaufort townhouse and selected two installers from the phone book from which to request estimates. One of these installers was Sea Island Air, which attracted Andrade with its advertisement proclaiming it to be an SCE&G;Quality Dealer.
After Andrade contacted Sea Island, its president, Jimmy Johnson, visited her at home. Johnson emphasized his SCE&G;Quality Dealer designation and described himself as "the biggest dealer in the area." Johnson extolled the virtues of the Quality Dealer program and SCE&G;s financing program that was only available to purchasers who used a Quality Dealer as their installer.
While Johnson was preparing an estimate for the proposed work, Andrade went to an SCE&G;office and obtained a brochure which explained the Great Appliance Trade-Up Program. The brochure explained that to qualify for a special rebate or credit toward the monthly bill, a customer must:
Be an electric customer of SCE&G;on rates 1, 7, 8 or 9.
Purchase one of the high-efficiency units . . . and have it installed by an SCE&G;Quality Dealer. SCE&G;certified Quality Dealers are the only contractors whose installation work qualifies for rebates in our Great Appliance Trade-Up Program, as well as for special energy rates for the SCE&G;Good Cents or Rate 7 homes. Call your local heating and air conditioning contractors to find out if they are certified Quality Dealers. Or call SCE&G;for a list of participating dealers in your area.
Andrade testified the brochure "confirmed everything that Mr. Johnson had told me, that the only way that I could get into this program sponsored by SCE&G;was to go through a Quality Dealer and he was a Quality Dealer."
Andrade agreed to have two new HVAC systems installed in her home and experienced difficulty almost immediately. She was initially disappointed when what she described as five or six teenage boys arrived on January 17, 1995 to install the new systems because Johnson had assured her he had a "highly professional team" working for him. These workers used both her bathroom and telephone without permission, played radios loudly and, according to Andrade, "it was just like a party atmosphere." After Andrade complained, an older, more professional crew arrived the following day.
The new crew worked for approximately two days, did not complete the installation, and disappeared. Andrade continued to complain to Johnson and SCE&G; but received little if any satisfaction or response to her entreaties from either.
Finally, a crew returned, worked sporadically for a week, and concluded their work on February 28, 1995. Andrade immediately observed difficulties with the operation of the system and informed Johnson of the deficiencies. However, she did sign the financing forms authorizing SCE&G;t
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