Wyke v. Polk County School Board

137 F.3d 1292

Opinion

PER CURIAM:

In our earlier opinion in this matter, Wyke v. Polk County Sch. Bd., 129 F.3d 560 (11th Cir.1997), we certified the following question to the Supreme Court of Florida:

Does Florida’s comparative fault statute, Fla. Stat. Ann. § 768.81 West 1997 Supp.), require the allocation of “fault” between both negligent and intentional tortfeasors?

Following our certification the Supreme Court of Florida decided the eases of Merrill Crossings Assoc. v. McDonald, 705 So.2d 560, 22 Fla. L. Weekly S739,(Dec. 4, 1997), and Stellas v. Alamo Rent-A-Car, 702 So.2d 232 (Fla.1997). It appearing that the opinions rendered in these cases provided a clear answer to the question certified, we withdraw the certification with the consent of the Supreme Court of Florida.

The trial court in this matter refused to include the name of Shawn David Wyke on the verdict form. That court ruled that the jury could not apportion liability to Shawn since he had not committed a negligent act but rather an intentional one (suicide). This ruling was in accord with what is now the clear law of Florida under Florida Statute § 768.81.

Having resolved all the issues presented in these matters, the judgment of the district court is affirmed.

AFFIRMED.