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Thursday, March 28, 2024

Vision Power sues Midnight Express Power Boats, alleging speedboat console dislodged

Lawsuits
Midnight

Midnight Express Speedboat

Vision Power has filed a lawsuit against Midnight Express Power Boats Inc., alleging a luxury speedboat Vision purchased from the Miami boat builder for more than $354,000 was defective.

Vision Power is seeking monetary damages, claiming that the boat's center console dislodged and broke apart while the speedboat "was being towed under normal towing procedures."

"Inspections reveal that Midnight Express designed, manufactured, and sold a speedboat that did not comply with basic boat building standards," according to the lawsuit filed on July 24 in the U.S. District Court Southern District of Florida.

Midnight Express, based in Miami, Florida, makes and sells customizable luxury speedboats designed for high-performance in rough seas, according to the complaint.

“Midnight Express has touted itself for its credibility, quality and performance on its website,” the lawsuit stated.

Vision Power said a purchase and sales agreement was entered with Midnight Express on Dec. 23, 2014, for the production and sale of the 34-foot speedboat.

“The speedboat was specifically equipped with the towing package that included polished stainless steel tow bits mounted on the bow and additional cockpit drains,” the  complaint stated.

According to the purchase and sale agreement, cited in the complaint, Midnight Express was paid $354,410 for the speedboat in installment payments. 

“Vision Power intended to use the speedboat for recreation and travel in domestic and international waters as well as to tow the speedboat behind other vessels while the speedboat was not in use,” the suit stated. “The intended uses were communicated to Midnight Express prior to the execution of the purchase and sales agreement.”

On or about Feb. 23, 2018, Vision Power hired a crew to operate its yacht, Vision, and to tow the speedboat from Lyford Cay Marina in the Bahamas to Norman’s Cay Exuma in the Bahamas, according to the lawsuit.

The Vision left Lyford Cay Marina and towed the speedboat out of the channel on a tow line of 40 feet, the complaint said. 

At about 11:30 a.m., the crew of the yacht noticed that the center console of the speedboat was not upright and appeared to have tipped backwards from its original standing position, the suit stated.

“The crew brought the Vision to idle in order to examine the speedboat,” the lawsuit stated. “Upon inspection, the crew discovered that the entire console had been dislodged from the deck, and the speedboat had been significantly damaged when the console dislodged.”

According to the lawsuit, the crew then lowered its speed and towed the speedboat approximately 19 miles to safety to Norman’s Cay, at approximately 10 knots, or about 11 mph.

“When the center console dislodged, its components were scattered across the Speedboat, and the shift of the heavy center console destabilized the speedboat,” the lawsuit said. “As a result, the speedboat suffered extensive damage that completely destroyed the speedboat and rendered it unusable.”

The complaint said the center console dislodged due to its poor design and attachment to the hull deck, causing the speedboat to suffer extensive damage that could have been prevented if Midnight Express properly affixed the center console with additional materials and used lighter materials more suitable for the center console. 

The plaintiff is requesting for the court to determine that the defendant breached its express warranties, implied warranty of merchantability and implied warranty of fitness for a particular purpose. 

Additionally, the plaintiff is looking for the court to award monetary damages, consequential damages, incidental damages for defendant’s breach. The plaintiff is requesting a jury trial.

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