Kyle Barnett Feb. 20, 2014, 5:58pm

GRETNA – A couple who bought a used boat motor from a marine company is suing alleging it was defective at the time of the purchase.

Ryan and Annette Cortez filed suit against The Boat Yard Inc. in the 24th Judicial District Court on Feb. 11.

The Cortezs allege they traded in a Baja boat worth $4,500 to The Boat Yard and paid an additional $2,818.75 for the purchase of a 175 horsepower 2007 Suzuki four-stroke motor with controls that had come off of a Carolina skiff. The plaintiffs claim they were told the motor had only 328 hours of total use on it at the time of the purchase and that it included a 30-day warranty. The Cortezes assert that when they went to pick up the motor they were told they would receive a fax concerning the motor, but only after making two phone calls did they receive a fax that showed the motor was only 150 horsepower, not 175 as promoted.

The plaintiffs allege the motor was installed on their boat on Oct. 5, 2013 and on their first launch a day later the motor began beeping as soon as it was turned on and shut down necessitating they paddle the boat ashore. The Cortezes claim they spoke to an employee of The Boat Yard about the issue who advised them it was a bad water pump, after which they purchased a new water pump from Terrebonne Marine and launched the boat again with the same results.

On Oct. 24, 2013 Terrebonne Marine advised the plaintiffs that the motor needed to be rebuilt for $9,000 and after which they took it to another boat repairman who quoted them a price of $1,000 to replace a specific part on the motor. The Cortezes claim that the repairman subsequently found there were 2,129 hours on the motor, not the 328 that The Boat Yard had told them when they first purchased it.

The defendant is accused of knowing of the motor's defects at the time of purchase.

An unspecified amount in damages is sought for return of purchase price of motor, loss of monies expended upon repairs, loss of business income, inconvenience, mental distress, attorney’s fees and penalties.

The Cortezs are represented by Matthew D. Ory of Thibodaux-based Ardoin, Mckowen and Ory LLC.

The case has been assigned to Division H Judge Glenn B. Ansardi.

Case no. 735-421.

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