Southland Farms, Inc., Plaintiff-appellant, v. Ciba-geigy Corporation, Defendant-appellee, 930 F.2d 21 (11th Cir. 1991)

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US Court of Appeals for the Eleventh Circuit - 930 F.2d 21 (11th Cir. 1991) 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:


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

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

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).

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

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