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MILES v. ASHLAND CHEMICAL COMPANY

No. 90-8437.

954 F.2d 662 (1992)

Delores MILES, Carolyn Scott, Amanda Reynolds and Carol Williams, Jr., Plaintiffs-Appellants, v. ASHLAND CHEMICAL COMPANY, A DIVISION OF ASHLAND OIL, Defendant-Appellee. Lillian GAINES, Plaintiff-Appellant, v. ASHLAND CHEMICAL COMPANY, A DIVISION OF ASHLAND OIL, Defendant-Appellee. Mildred McKENNA, Plaintiff-Appellant, v. SWIFT ADHESIVES, INC., (formerly ESCHEM, INC.), A DIVISION OF REICHHOLD, and Ashland Chemical Company, a division of Ashland Oil, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 24, 1992.

Attorney(s) appearing for the Case

Clarence Martin, Savannah, Ga., for plaintiffs-appellants.

Allie S. Edwards, Phillip S. McKinney, Rogers & Hardin, Atlanta, Ga., for defendant-appellee.

Before FAY and COX, Circuit Judges.

PER CURIAM:

In these cases we certified the following question to the Supreme Court of Georgia:

Is the running of the Georgia two-year statute of limitations for a wrongful death action, based upon an alleged failure to warn, tolled until the plaintiff discovers, or with reasonable diligence should have discovered, that the defendant was at least in part responsible for the death of the decedent? Put another way, do the Georgia courts follow the discovery...

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