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Pierce v. Catalina Yachts, Inc.
Citation:
2 P.3d 618 (2000)Facts
In June 1992, Jim and Karen Pierce purchased a newly built forty-two-foot sailboat from Catalina Yachts. Catalina provided a limited warranty promising to repair or pay for repair of any below-waterline gel-coat blisters appearing within the first year after the boat was placed in water. The warranty expressly disclaimed Catalina’s responsibility for consequential damages. In June 1994, the Pierces discovered gel-coat blisters on the hull and rudder during routine maintenance. They promptly notified Catalina and submitted a repair estimate of $10,645 for removing and replacing the gel coat below the waterline. Catalina refused this estimate, insisting only minor patching was necessary. After six months of unsuccessful attempts to convince Catalina to honor the warranty, the Pierces sued for tort and contract damages and later amended their complaint to include unfair trade practices claims.
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