Stanton v. Bayliner Marine Corp.

866 P.2d 15, 123 Wash. 2d 64, 1994 A.M.C. 640, 1993 Wash. LEXIS 432
CourtWashington Supreme Court
DecidedDecember 30, 1993
Docket60031-7
StatusPublished
Cited by28 cases

This text of 866 P.2d 15 (Stanton v. Bayliner Marine Corp.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stanton v. Bayliner Marine Corp., 866 P.2d 15, 123 Wash. 2d 64, 1994 A.M.C. 640, 1993 Wash. LEXIS 432 (Wash. 1993).

Opinions

Guy, J.

In consolidated actions against Bayliner Marine Corporation and Olympic Sales, Inc. (hereafter collectively Bayliner), plaintiffs seek recovery of the cost of replacing or repairing damaged yachts. Bayliner seeks review of a Court of Appeals decision reversing the trial court’s order of partial summary judgment in its favor. We reverse the Court of Appeals.

Background

In December 1985, plaintiffs James Stanton, Winnifred Stanton, and Stanton Investment Company purchased the M/ Y Moonraker, a 45-foot model 4550 Bayliner motor yacht, from Olympic Sales, Inc., doing business as Olympic Boat Centers, in Seattle, Washington, for $225,342. In April 1988, plaintiff Wiley Dean Henry purchased the M/ Y Contessa, also a Bayliner model 4550 motor yacht, from Olympic Sales, Inc., for $251,548.70. Albany Insurance Company insured both yachts.

On separate occasions, while the Stantons and Henry were pleasure boating, their yachts struck underwater objects. The Moonraker struck a submerged rock in Puget Sound in 1987, while the Contessa struck a reef off of Vancouver Island, Canada, in 1988. Both yachts sustained severe hull damage which caused mass flooding. The Stantons’ boat rapidly sank, but the Stantons were rescued by [67]*67nearby boaters. Henry’s boat remained lodged on the rocks; Henry and his passengers were rescued by a Canadian maritime helicopter. No one suffered personal injury in either incident. Each boat was determined to be a constructive total loss. Salvage values for each boat ranged between $42,000 and $46,000.

The Stantons and Albany, under its subrogated interest from Henry, brought suits against Bayliner and Olympic Sales for products liability, negligence, breach of warranty, and violation of the Consumer Protection Act. The plaintiffs primarily seek to recover their "economic losses”, or the cost of replacing and repairing the yachts. In addition, the Stan-tons claim loss of various items of personal property having an alleged combined value of approximately $25,000. The plaintiffs submitted the declaration of Mr. Ted Drake, a naval architect/marine engineer, who stated that the keel design of the Bayliner model 4550 was defective and created an unreasonable risk of mass flooding should penetration occur due to accidental grounding or stranding. Mr. Drake also stated that certain design techniques could have prevented the mass flooding.

Citing East River S.S. Corp. v. Transamerica Delaval Inc., 476 U.S. 858, 90 L. Ed. 2d 865, 106 S. Ct. 2295 (1986), Bay-liner moved for summary judgment, claiming that admiralty law applies and precludes recovery for economic losses under either tort theory of products liability or negligence. Bay-liner also argued that plaintiffs’ warranty claim, governed by state law, did not allow recovery against Bayliner under a breach of warranty theory since the plaintiffs and Bayliner did not have privity of contract. Plaintiffs cross-moved for partial summary judgment, claiming that the Washington products liability act governed the facts of this case thereby permitting the recovery sought. The trial court granted Bayliner’s motion, dismissing substantially all of plaintiffs’ claims,1 and entered an order of finality. The [68]*68plaintiffs appealed, claiming that the Washington products liability act (WPLA) applies and provides a remedy for the economic losses sustained in this case. See Washington Water Power Co. v. Graybar Elec. Co., 112 Wn.2d 847, 774 P.2d 1199, 779 P.2d 697 (1989) (economic loss within context of WPLA determined by "risk of harm” analysis).

The Court of Appeals reversed and remanded, holding that while admiralty jurisdiction applied, substantive admiralty law permits the application of state tort law to determine whether economic loss is compensable. Stanton v. Bayliner Marine Corp., 68 Wn. App. 125, 130-33, 844 P.2d 1019 (1992). In view of Graybar’s explicit and unequivocal rejection of East River’s approach to "economic loss”, the Court of Appeals concluded that Washington has a significant interest in a divergent interpretation of economic loss, and that the plaintiffs’ claims may properly be heard under the WPLA. Bayliner, 68 Wn. App. at 133.

We granted Bayliner’s petition for review. We reverse the Court of Appeals.

Issue

The sole issue before us is whether the plaintiffs may recover damages for economic loss under Washington law in a tort claim arising under admiralty jurisdiction but filed in state court. Because the plaintiffs’ claims arise under admiralty jurisdiction, we hold that substantive admiralty law precludes application of a state law remedy for the economic loss of the yachts; plaintiffs’ claim for damages may properly be pursued in warranty against the seller under the Uniform Commercial Code (RCW 62A).

Analysis

I

These consolidated cases were brought by the plaintiffs to recover for the loss of two Bayliner boats and personal property on board at the time of the boats’ grounding. The plaintiffs primarily seek to recover damages for "economic loss” — the cost of replacing and repairing the yachts. To [69]*69better understand the economic loss rule in the context of this case, we first must discuss relevant portions of the "WPLA, the Supreme Court’s decision in East River, and this court’s decision in Graybar.

Under the WPLA,2 a purchaser of a defective product may assert a product liability claim against a "product seller”, which includes a manufacturer, wholesaler, distributor, or retailer of the product. RCW 7.72.010(1). A "product liability claim” includes, in relevant part, any claim or action brought for harm caused by the manufacture, construction, fabrication, production, design or marketing of the relevant product. RCW 7.72.010(4). The WPLA broadly defines "harm” as "any damages recognized by the courts of this state: PROVIDED, That the term 'harm’ does not include direct or consequential economic loss under Title 62A RCW [UCC].” RCW 7.72.010(6). The WPLA therefore provides no recovery for direct or consequential economic loss. See Washington Water Power Co. v. Graybar Elec. Co., supra. See also Comment, Determining Recoverable Economic Harm Under the Washington Product Liability Act, 27 Gonz. L. Rev. 335, 337 (1991-1992). The WPLA does not prevent the recovery of direct or consequential economic loss under RCW Title 62A (UCC). RCW 7.72.020(2).

In East River S.S. Corp.,

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Bluebook (online)
866 P.2d 15, 123 Wash. 2d 64, 1994 A.M.C. 640, 1993 Wash. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanton-v-bayliner-marine-corp-wash-1993.