Carol Wyke, Individually and As Personal Representative Ofthe Estate of Shawn David Wyke, a Minor Deceased,plaintiff-appellee, v. Polk County School Board, Max Linton, Individually and Asprincipal of Mclaughlin Junior High School of Polk County,and James Butler, Individually and As Vice-principal Ofmclaughlin Junior High School of Polk County, Defendants-appellants.carol Wyke, Individually and As Personal Representative Ofthe Estate of Shawn David Wyke, a Minor Deceased,plaintiff-appellant, v. Polk County School Board, Max Linton, Individually and Asprincipal of Mclaughlin Junior High School of Polk County,and James Butler, Individually and As Vice-principal Ofmclaughlin Junior High School of Polk County, Defendants-appellees, 137 F.3d 1292 (11th Cir. 1998)

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US Court of Appeals for the Eleventh Circuit - 137 F.3d 1292 (11th Cir. 1998) March 26, 1998

Dabney Loy Conner, Wofford H. Stidham, Lane, Trohn, Clarke, Bertrand, Vreeland & Jacobson, Bartow, FL, for Defendants-Appellants and Defendants-Appellees.

Mark G. Morgan, M.D., Law Offices of Rood and Morgan, Tampa, FL, for Plaintiff-Appellee and Plaintiff-Appellant.

Appeals from the United States District Court for the Middle District of Florida (No. 91-1457-Civ-T-24C); Elizabeth A. Jenkins, Judge.

Before ANDERSON, Circuit Judge, and FAY and KRAVITCH, 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, 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.