Fry

Fry v. Pro-Line Boats, Inc.

Good Law
163 Cal. App. 4th 970·2008 Cal. App. LEXIS 846·77 Cal. Rptr. 3d 622
Court of Appeal of CaliforniaMay 15, 2008G037665California2,212 words

Opinion

Opinion

Rylaarsdam, J.

— Plaintiff Steven A. Fry appeals from a judgment on special verdicts entered for defendant Pro-Line Boats, Inc., on claims for breach of the implied warranty of merchantability and breach of express warranty relating to a boat he purchased. Plaintiff contends there was no substantial evidence to support the jury’s finding defendant had successfully repaired the boat and the court should have granted his motion for new trial. We disagree and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In April 2003, Outer Limits Marine, defendant’s only authorized Southern California dealer, sold plaintiff a new 33-foot Pro-Line Walkaround sportfish-ing boat manufactured by defendant. The boat came with a one-year warranty from defendant that it would be “free from defects due to material or workmanship under normal non-commercial use.” There was also a separate five-year limited warranty “on all factory-installed accessories, . . . engines, outdrives, mechanical. . . [and] electrical systems, controls, and more.”

After the purchase, plaintiff submitted to defendant a list of problems with the boat, including a starboard-side list, a malfunctioning rotary rudder-position sensor, water in…

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