Quimbee logo
DMCA.com Protection Status
From our private database of 19,800+ case briefs...

Koutsogiannis v. BB&T

Supreme Court of South Carolina
365 S.C. 145, 616 S.E.2d 425 (2005)


Koutsogiannis (defendant) bought a new car with a loan taken out from BB&T (plaintiff). In May 1999, Koutsogiannis made the full monthly payment to BB&T, but BB&T’s system incorrectly marked it as a partial payment. BB&T began collection efforts against Koutsogiannis and referred the case to a third-party attorney. In October 1999, Koutsogiannis stopped making any payments, because BB&T was unable to give a correct payoff amount for the loan. The parties could not reach a settlement on the outstanding loan amount, and BB&T brought suit to recover the outstanding amount. Koutsogiannis counterclaimed for gross negligence, among other things. Koutsogiannis sought to recover for not only BB&T’s actions, but for BB&T’s attorney’s actions as well, including the attorney’s alleged stall tactics during settlement negotiations and alleged intentional deception of the trial court in a summary judgment motion. Regarding the claims involving BB&T’s attorney, BB&T requested that the trial court charge the jury on independent contractor law. The trial court denied this request and charged the jury on agency law. The jury found in favor of Koutsogiannis. BB&T appealed on the ground that the trial court did not instruct the jury on independent contractor law.

Rule of Law


Holding and Reasoning (Moore, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 508,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 508,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 19,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial