Louisiana Record

Monday, October 14, 2019

Failed engine spurs court action

By Carol Ostrow | Aug 12, 2015

A Morgan City maritime company is suing a Houma supplier, alleging breach of contract in an equipment purchase.

Triple S Marine filed a lawsuit July 28 against Diesel Tech of Louisiana in U.S. District Court of the Eastern District of Louisiana on July 28, alleging negligence, breach of implied warranty and liability in a 2014 product delivery

According to the complaint, Triple S purchased two rebuilt engines from Diesel Tech for $30,000 each for their vessel, the M/V Dianna Marie, and accepted delivery Feb. 28, 2014. The suit states the defendant represented to the plaintiff that all parts on the rebuilt engines were new.

The lawsuit states on Sept. 8, 2014 and again Feb. 20, 2015, an engine rod malfunctioned during operation, damaging the engine, and that Triple S informed the defendant.

According to the suit, Diesel Tech refused to repair the damages on both occasions, allegedly because the warranty had expired. The plaintiff contends repair costs will exceed the purchase price of the equipment and that it has lost use of its vessel.

Triple S Marine seeks reimbursement of the purchase price, attorney fees, expenses and court costs. It is represented by attorneys Rufus C. Harris III, Alfred J. Rufty III, Jill Willhoft and Cindy Galpin Martin of Harris & Rufty in New Orleans.

U.S. District Court of the Eastern District of Louisiana case number 2:15-cv-03051-HGB-DEK.

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