Southland Farms, Inc. v. Ciba-Geigy Corporation

930 F.2d 21

SOUTHLAND FARMS, INC., Plaintiff-Appellant,
v.
CIBA-GEIGY CORPORATION, Defendant-Appellee.

No. 89-7730.

United States Court of Appeals,
Eleventh Circuit.

April 30, 1991.

Bayless E. Biles, Taylor D. Wilkins, Jr., Wilkins, Bankester, Biles & Wynne, Bay Minette, Ala., for plaintiff-appellant.

William W. Watts, III, W. Dewitt Reams, Victor T. Hudson, Reams, Vollmer, Philips, Killion, Brooks & Schell, Mobile, Ala., for defendant-appellee.

Appeal from the United States District Court for the Southern District of Alabama; Virgil Pittman, Judge.

Before HATCHETT, Circuit Judge, RONEY* and FAIRCHILD**, Senior Circuit Judges.

HATCHETT, Circuit Judge:

1

This court certified this case to the Supreme Court of Alabama requesting that Court to answer the following question:

2

Whether the disclaimer on Ciba-Geigy's product is unconscionable and precludes the recovery of consequential damages.

3

The Alabama Supreme Court has held that the disclaimer precludes the recovery of consequential damages. Southland Farms, Inc. v. Ciba-Geigy Corp., 575 So. 2d 1077 (1991).

4

In light of the Supreme Court of Alabama's decision and for the reasons stated therein, the district court's decision is affirmed.

5

AFFIRMED.

*

See Rule 34-2(b), Rules of the U.S. Court of Appeals for the Eleventh Circuit

**

Honorable Thomas E. Fairchild, Senior U.S. Circuit Judge for the Seventh Circuit, sitting by designation