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