GALVESTON – A consumer claims a boat he purchased is defective and is seeking rescission of the sales contract.
David Lewis Ehrhart filed a complaint on Dec. 15, 2017, in the Galveston Division of the Southern District of Texas against Composite Research Inc. and LMC Marine Center Inc. alleging violation of the Texas Deceptive Trade Practices Act, breach of contract and other counts.
According to the complaint, the plaintiff alleges that on Jan. 9, 2015, he purchased a new 2015 Composite Sea Born offshore open boat for more than $110,000 plus finance charges. He alleges when he took the boat out for the first time on a fishing trip in April 2015, it took on a large amount of water and continued to do so on every trip until it sank in July 2017 and had to be salvaged.
The plaintiff alleges he has taken the boat to LMC numerous times for repairs but the issue has not been resolved.
The plaintiff holds Composite Research Inc. and LMC Marine Center Inc. responsible because the defendants allegedly failed to make repairs in a good and workmanlike manner so as to bring the boat into conformity with the warranties and failed and refused to buy back the defective boat.
The plaintiff requests a trial by jury and seeks rescission of the sales contract and return of the purchase price, out-of-pocket damages, economic losses, attorney fees, costs and interest and such other appropriate relief. He is represented by Richard C. Dalton of Richard C. Dalton LLC in Mandeville, Louisiana.
Galveston Division of the Southern District of Texas case number 3:17-cv-00382