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AIRPORT RENT-A-CAR, INC. v. PREVOST CAR, INC.

No. 93-4015.

67 F.3d 901 (1995)

AIRPORT RENT-A-CAR, INC. a Florida Corporation, Plaintiff-Appellant, v. PREVOST CAR, INC., a New Jersey Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 13, 1995.

Attorney(s) appearing for the Case

Hugh T. Maloney, Gary S. Maisel, Patterson, Maloney & Gardiner, Ft. Lauderdale, FL, for appellant.

Shirley Jean McEachern, Bard D. Rockenbach, Daniel M. Bachi, Sellars, Supran, Cole, Marion & Espy, P.A., W. Palm Beach, FL, for appellee.

Before KRAVITCH, ANDERSON and EDMONDSON, Circuit Judges.

PER CURIAM:

In 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...

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