Babb v. Regal Marine Industries, Inc.

186 Wash. App. 1003 (2015)

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Babb v. Regal Marine Industries, Inc.

Washington Court of Appeals
186 Wash. App. 1003 (2015)

Facts

Chuck Babb (plaintiff) purchased from a dealer a boat manufactured by Regal Marine Industries, Inc. (Regal) (defendant). Regal’s limited warranty provided that the dealer would repair or replace defective parts for one year from delivery. The boat’s Volvo engine had its own warranty. After being stored for the winter, the boat was taken out and stalled repeatedly. Regal told Babb to take the boat to a particular repair shop and sent a replacement for a broken wakeboard tower. The repair shop found an engine crack, which Regal believed was caused by improper winterization. Regal told Babb that its warranty did not cover the engine. Babb sued Regal for breach of express and implied warranties. Regal was granted summary judgment. The court of appeals affirmed on Babb’s breach-of-express-warranty claim but reversed the dismissal of Babb’s breach-of-implied-warranties claim because there was no evidence Babb had waived any implied warranties. On remand, the court was asked whether Babb’s breach-of-implied-warranty-of-merchantability claim was precluded by the lack of contractual privity between Babb and Regal.

Rule of Law

Issue

Holding and Reasoning (Johanson, J.)

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