McAlpin Tanner Marcotte Successful In Dismissing Negligence Claim Against Yacht Broker
Plaintiff’s newly purchased boat required major engine repairs. While undergoing those repairs, the boat sank overnight while it was docked at a marina. The plaintiff sued several parties for the loss, including its yacht broker.
McAlpin Tanner Marcotte represented the yacht broker, and moved to dismiss the plaintiff’s negligence claim under the economic loss rule. Under this rule, a plaintiff may not sue a defendant in tort where there is a contract governing their relationship and the damage is limited to the product itself.
The Court agreed with this legal analysis and held that because the plaintiff’s damages were limited to loss of the yacht itself, the economic loss rule precluded any tort-based claims against McAlpin Tanner Marcotte’s client. The negligence claim was therefore dismissed with prejudice.