Gas gouging charges dropped:State dismisses lawsuit against Whitlock
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“Nobody even bothered to come out here and ask me anything about it,” said Whitlock regarding the fact the state never investigated the allegation he sold gas for $7 a gallon on Sept. 3 before filing suit against him. “It could have all be taken care of if they’d just called or come by.”
The nearly 100-page lawsuit was filed against Whitlock on Tuesday, maintaining he had gouged at the pump by charging a customer $7 per gallon. The customer, and Whitlock neighbor, Susan Ann Smith, swore out an affidavit saying Whitlock charged the outrageous price when she went there to buy gas for her lawnmower.
“This office relied upon a Warren County resident (Smith), who swore in a signed affidavit she was charged $7 a gallon,” said State Attorney General Paul Summers in his statement clearing the veteran Short Mountain Road merchant of wrongdoing while admitting his office relied exclusively on the neighbor’s claim without sending investigators to check out the allegation prior to the suit being filed.
At the heart of the issue was the old gas pump being used by Whitlock outside his small, rural store. According to Whitlock, when the prices soared in the wake of Hurricane Katrina, he was also forced to raise his prices. However, his pump would not register higher than $2.99 per gallon. Therefore, Whitlock said he set his pumps to $1.75 per gallon and posted a hand-written note saying the price on the pump was double, or $3.50 per gallon.
Whitlock believes Smith, a longtime customer, misunderstood the note and reported him on the gas gouging hotline. She did not get a receipt for the sale. While the suit has been dropped, Summers said Smith still maintains she paid $7 a gallon, despite a witness, reportedly at the store at the time, who said he saw the entire thing and that the woman was mistaken.
“Upon further investigation, we felt like this was part of a misunderstanding,” Summers said. “Due to this confusion, we are trying to do the right thing to clear it up. We have filed with the court for a voluntary non-suit.”
Whitlock was just the second person in the state to be sued for gas gouging in the wake of Katrina, with Summers saying the state has received thousands of complaints. Whitlock could have been fined up to $1,000 per infraction had the case been upheld. The state is considering any station which charged more than $3.50 a gallon suspect for gouging.
Despite the wrongful suit, Summers said the state is intent on finding gas gougers. The state hotline to report gouging at the pumps is 1-800-890-8366.