SHERMAN — A Texas couple is suing a boat manufacturer, alleging breach of contract and breach of implied warranty of merchantability.
June Adams and Larry Adams filed a complaint Aug. 12 in the Sherman District of the Eastern District of Texas against Brunswick Corporation alleging violation of the Texas Deceptive Trade Practices Act and the Magnuson-Moss Warranty Act.
According to the complaint, on Feb. 23, 2013, June Adams and Larry Adams paid $146,000 for a new 2012 Sea Ray 280 Sundancer from MarineMax in Lewisville. Shortly after the purchase, the suit says, they began experiencing defective conditions with the boat and such defects was discovered within the warranty periods.
The complaint says the defects included water leaks, electrical wiring defects, fuel leaks and multiple trim defects.
The lawsuit says the defects substantially impaired the boat's use, value and safety. The plaintiffs also suffered out of pocket expenses, and loss of use, the suit says.
The plaintiffs allege Brunswick failed to repair the boat to bring it into conformity with the warranties, failed to tender the boat free of defects and refused to repair or replace the defective boat.
June and Larry Adams seeks trial by jury, judgment for diminution in value of the boat, damages for loss of its use, out-of-pocket expenditures, costs of suit, attorney fees, pre and post-judgment interest and all other relief the court deems appropriate. They are represented by attorney Craig M. Patrick of Patrick Law Firm PC in Dallas.
Sherman District of the Eastern District of Texas Case number 4:16-cv-00601