Wyke v. Polk County School Board , 137 F.3d 1292 ( 1998 )

PUBLISH
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 95-2799
________________________
D. C. Docket No. 91-1457-Civ-T-24C
CAROL WYKE, individually and as personal representative of the Estate of Shawn David Wyke,
a minor deceased,
Plaintiff-Appellee,
versus
POLK COUNTY SCHOOL BOARD, MAX LINTON, individually and as Principal of
McLaughlin Junior High School of Polk County, and JAMES BUTLER, individually and as Vice-
Principal of McLaughlin Junior High School of Polk County,
Defendants-Appellants.
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No. 95-3653
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D. C. Docket No. 91-1457-Civ-T-24C
CAROL WYKE, individually and as personal representative of the Estate of Shawn David Wyke,
a minor deceased,
Plaintiff-Appellant,
versus
POLK COUNTY SCHOOL BOARD, MAX LINTON, individually and as Principal of
McLaughlin Junior High School of Polk County, and JAMES BUTLER, individually and as Vice-
Principal of McLaughlin Junior High School of Polk County,
Defendants-Appellees.
________________________
Appeals from the United States District Court
for the Middle District of Florida
_________________________
(March 26, 1998)
Before ANDERSON, Circuit Judge, and KRAVITCH and FAY, Senior Circuit Judges.
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 cases of Merrill Crossings
Assoc. v. McDonald, 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.
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