Brown Sims wins defense verdict in $3M breach of contract case when jury finds unanimously for its client.

May 15

Miles Klaff and Darah Eckert of our Houston office secured a complete defense verdict on January 23, 2020 in a breach of contract lawsuit filed in Galveston County, Texas. After a thirteen-day trial the jury exonerated the firm’s boat dealership client and the co-defendant yacht manufacturer. Plaintiff requested over $3 million in damages from the jury.

Plaintiff argued that he was sold a catamaran yacht which, upon arrival in Galveston, Texas from France, did not meet the representations made by both the French manufacturer and the Texas dealership at previous boat shows. Plaintiff alleged that the Texas dealership did not make the necessary warranty repairs to the yacht which hindered Plaintiff’s use and enjoyment of the vessel. Plaintiff argued that he had to sell the yacht at a loss during the pendency of the lawsuit.

Plaintiff claimed damages for loss of use, cost of repairs, exemplary damages and attorney’s fees. After one and a half hours of deliberation, the jury returned a unanimous verdict finding the dealership did not breach the contract and that neither the dealership nor the manufacturer breached any express or implied warranties, or acted negligently in any manner. The defense verdict resulted in the client paying no money to the Plaintiff in damages or for Plaintiff’s attorney fees.

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