prod.liab.rep. (Cch) P 14,386 Airport Rent-A-Car, Inc. A Florida Corporation v. Prevost Car, Inc., a New Jersey Corporation
67 F.3d 901
11th Cir.1995Check TreatmentIn this case we certified the following questions to the Supreme Court of Florida:
(1) WHETHER, UNDER FLORIDA LAW, THE ECONOMIC LOSS RULE APPLIES TO NEGLIGENCE CLAIMS FOR THE MANUFACTURE OF A DEFECTIVE PRODUCT WHERE THE ONLY DAMAGES CLAIMED ARE TO THE PRODUCT ITSELF AND WHERE THE PLAINTIFF CLAIMS TO HAVE NO ALTERNATIVE THEORY OF RECOVERY.
(2) WHETHER, UNDER FLORIDA LAW, A CAUSE OF ACTION OTHERWISE PRECLUDED BY THE ECONOMIC LOSS RULE MAY BE MAIN *902 TAINED IF THE DAMAGE TO THE PRODUCT IS CAUSED BY A SUDDEN CALAMITOUS EVENT.
(3) WHETHER, UNDER FLORIDA LAW, A CAUSE OF ACTION MAY EXIST OUTSIDE THE BAR OF THE ECONOMIC LOSS RULE WHERE THE PLAINTIFFS ALLEGE A DUTY TO WARN WHICH AROSE FROM FACTS WHICH CAME TO THE KNOWLEDGE OF THE COMPANY AFTER THE MANUFACTURING PROCESS AND AFTER THE CONTRACT.
Airport Rent-A-Car, Inc. v. Prevost Car, Inc.,
The Florida Supreme Court has answered the first question in the affirmative, and the second and third questions in the negative.
Airport Rent-A-Car, Inc. v. Prevost Car, Inc.,
AFFIRMED.
