Two Rivers Company v. Curtiss Breeding Service

624 F.2d 1242 (1980)

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Two Rivers Company v. Curtiss Breeding Service

United States Court of Appeals for the Fifth Circuit
624 F.2d 1242 (1980)

SC

Facts

Curtiss Breeding Service (Curtiss) (defendant) marketed cattle semen for purposes of artificial insemination. Two Rivers Company (Two Rivers) (plaintiff) purchased cattle semen from Curtiss. As part of the transaction, Curtiss disclaimed all implied warranties under the Uniform Commercial Code (UCC). Some of the calf offspring produced from Curtiss’s semen suffered from syndactylism, a genetic abnormality. All of the calf offspring produced from Curtiss’s semen were carriers of syndactylism. Two Rivers brought a products-liability suit against Curtiss based on a theory of strict liability. The jury found in favor of Two Rivers, and Curtiss appealed.

Rule of Law

Issue

Holding and Reasoning (Thornberry, J.)

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