Ardente v. Brunswick Corp.

OPINION AND ORDER

WILLIAM E. SMITH, Chief Judge.

Defendant Brunswick Corporation (“Defendant”) moves to dismiss Plaintiff Evan Ardente’s (“Plaintiff’) Complaint for failure to state a claim upon which relief may be granted. (See Def.’s Mot. Dismiss (“Def.’s Mot.”), ECF No. 10.) Defendant argues that admiralty law applies and precludes Plaintiffs claims. For the reasons that follow, the motion is DENIED.

I. Background1

In 1999, Plaintiff purchased a 1997 580 Super Sun Sport Sea Ray yacht (“yacht”) from its original owner. In November of 2009, Plaintiff discovered that the yacht had sustained water…