Kevin Fox v. Allied-Signal, Inc., F/k/a Garrett Alresearch Manufacturing Co. Of California

7 F.3d 212, 1993 U.S. App. LEXIS 29699, 1993 WL 441298

• Court: Court of Appeals for the Eleventh Circuit
• Decided: November 17, 1993
• Docket: 91-5587
• Status: Published

Opinion

FAY, Circuit Judge:

Following oral argument in this case, we certified the following question of law to the Florida Supreme Court:

Whether the interpretation of Fla.Stat. § 768.81(3) requires consideration by the jury of a non-party’s comparative fault in order to determine a party’s liability?

Fox v. Allied-Signal, Inc., 966 F.2d 626, 628 (11th Cir.1992). That opinion contains a summary of the facts, which need not be repeated here.

The Florida Supreme Court has now answered the certified question in the affirmative. Allied Signal, Inc. v. Fox, 623 So.2d 1180, 1182 (Fla.1993). We VACATE the district court judgment in this case and REMAND for a retrial in accordance with the Florida law as announced.

VACATED and REMANDED.