Summary Judgment for Martenson in Personal Watercraft Matter

De Martenson recently received summary judgment for a major personal watercraft manufacturer in the United States District Court for the Northern District of Alabama. In the case, Plaintiff was riding as a passenger on a personal watercraft.  For some unknown reason, Plaintiff fell off the rear of the watercraft and suffered very serious orifice injuries.  Plaintiff sued the watercraft manufacturer, claiming product defect under a breach of the implied warranty of merchantability only.  This decision was likely made to remove the potential for contributory negligence as an affirmative defense.  In granting the manufacturer’s summary judgment, the Court held that the sworn testimony proffered showed that the watercraft was reasonably safe for its intended use, was merchantable as a matter of law and violated no warranties, either express or implied.  No appeal was taken by Plaintiff.