Steven A. Fry v. Pro-line Boats, Inc
In the Court of Appeals of the State of California
G037665; Super. Ct. No. 05CC04762

Boat Manufacturer Escaped Liability

Pro-line Boats, Inc., sold to Steven Fry a new sport fishing boat. The boat came with a 1-year warranty that it would be “free from defects due to material or workmanship under normal non-commercial use”. There was also a separate 5-year limited warranty on all factory-installed accessories, engines, outdrives, mechanical and electrical system, controls and more.

After the purchase, Steven submitted a list of problems with the boat, including a starboard side list, malfunctioning rotary-position sensor, water in the bilge, a defectively-designed overhead compartment and an inadequately-accessible chain locker. Pro-line provided services and repairs.

Thereafter, Steven demanded Pro-line to buy back the boat when the latter had incorrectly mounted the outboard engines. Pro-line agreed to remount the engines but the plaintiff refused.

Steven sued Pro-line alleging breach of implied warranty of merchantability and breach of express warranty.  After trial, the jury returned two verdicts finding in favor of Pro-line.

Steven elevated the case to the Court of Appeals of the State of California. Presented before the Court is the issue whether the evidence was insufficient to support the jury’s determination that Pro-line had resolved the problems with the boat.

The CA affirmed the jury’s verdict that the vessel satisfied the implied warranty of merchantability as it was of the same quality as other similar motor boats of its kind. And that although the boat did not conform to the express warranties, Pro-line made the necessary repairs to conform to the limited express warranties after a reasonable number of opportunities.

The judgment is affirmed by the CA.