Annie Cosby Jan. 16, 2015, 9:21am


A Galveston County man is suing over claims his boat sustained costly damages due to a repairman allegedly installing used parts.

Adam Mendoza filed a lawsuit Nov. 10 in Galveston County District Court against Troy Bobbitt, doing business as TS Performance Marine, citing breach of express warranty.

According to the complaint, the defendant installed a rotating engine power head assembly for Mendoza's boat on Dec. 4, 2013, and expressly warranted it for one year. Mendoza says that in June of this year, he began experiencing serious problems with the boat engine, so he took it to a qualified boat mechanic, who discovered the parts the defendant had installed in the engine were used parts that needed to be replaced, not what he had warranted.

The complaint states that due to the usage of the parts, which made them below the acceptable standard of care for installation, the engine block suffered a crack, which resulted in costly repairs and more than $10,000 in economic damages to the plaintiff. Mendoza says his attorney delivered a letter alleging breach of warranty and breach of the DTPA to the defendant Aug. 21, but he has not responded. The defendant is accused of breach of express warranty and breach of the Deceptive Trade Practices Act.

Mendoza seeks damages, attorney fees, interest and costs of court. He is represented by attorneys Ashton Adair of Houston, and David Torok of Sixta and Associates in Friendswood.

Galveston County District Court case number: CV-0073089

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