Facts

In February 2004, plaintiff Jim Korkunis bought a 29-foot boat made by Commander Boats (Commander) for approximately $91,000.

Korkunis was unsatisfied with the quality of the boat and brought it back several times for repair but was not satisfied with the repairs.

Claiming economic damages, Korkunis sued Commander for breach of contract, breach of warranty and negligence.

PLAINTIFF'S CONTENTIONS:
Korkunis claimed Commander failed to meet the promises of the contract and warranty whereas he had satisfied his end of the bargain by paying the amount stated.

Korkunis claimed three major defects in the boat: the hull was white even though the contract specified it was supposed to be blue and orange; there were gelcoat splatters on some areas of the boat; and he was given only a "Competitive" trailer though the contract specified for and he had paid for an "Extreme" trailer.

DEFENDANT'S CONTENTIONS:
Commander challenged Korkunis' assertions, arguing the company was not liable for the alleged defects. Commander argued they had never agreed to provide an exclusively blue and orange boat or provide an Extreme trailer. Commander also claimed that the gelcoat splatters Korkunis complained of were a normal part of the manufacturing process.

Settlement Discussions

The defendant offered to fix the problems in the boat, but offered no monetary settlement or reimbursement of attorney fees.

Damages

Korkunis sought $15,000 total to remedy the gelcoat splatters, change the color of the boat to entirely blue and orange, and for the price difference between the Competitive and Extreme trailers.

Result

In a bench trial, Judge Edward T. Webster found in favor of Korkunis, awarding him $14,799 in damages; $18,305 in attorney fees and $2,217 in costs.

Other Information

Korkunis was granted $18,305 in attorney fees and $2,217 in costs.