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Dillon v. Zeneca Corporation2/26/2002
othing in the record elaborates or explains the factual basis for this assertion. The Dillons' opposition to the summary judgment motions merely stated that "Eptam 7-E is a dangerous product that destroyed [their] alfalfa crop and caused a reduction in harvest of their 1999 crop as well." In contrast, their disclosure statement said, "The directions and Dr. Wheeler's statements regarding use of the product were not reliable." In their depositions, the Dillons both testified that the directions were unreliable and that that incorrect information had caused their damages.
To the extent the Dillons' product liability cause of action is premised upon a failure to warn or defective directions, it is preempted. Andrus; National Bank of Commerce; Worm; Papas; Barnes; Etcheverry. To the extent they were attempting to pursue either a cause of action for defective design or a manufacturing defect, UAP correctly points out that the Dillons "have never articulated a theory of how the Eptam was unreasonably dangerous or defective," much less produced any evidence in support of their claim. Furthermore, the Dillons' alleged damages for lost profits are not recoverable under a products liability theory. Rocky Mountain Fire & Cas. Co. v. Biddulph Oldsmobile, 131 Ariz. 289, 640 P.2d 851 (1982); Arrow Leasing Corp. v. Cummins Arizona Diesel, Inc., 136 Ariz. 444, 666 P.2d 544 (App. 1983). Thus, the trial court properly granted appellees' summary judgment motions on the Dillons' strict product liability cause of action as well. See Gonzalez.
We affirm the trial court's order granting UAP's and Zeneca's motions for summary judgment. In view of our resolution of this issue, the Dillons are not entitled to damages on any of their asserted causes of action, and their arguments challenging appellees' limitations of remedies and disclaimer of warranties are therefore moot. Appellees have provided no legal basis to support their requests for attorney's fees on appeal. None being apparent, we deny their requests.
CONCURRING:
JOSEPH W. HOWARD, Presiding Judge
WILLIAM E. DRUKE, Judge
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