From Casetext: Smarter Legal Research

Wyke v. Polk County School Board

United States Court of Appeals, Eleventh Circuit
Mar 26, 1998
137 F.3d 1292 (11th Cir. 1998)

Summary

affirming the trial court's refusal to include the name of a teenage boy who committed suicide on the verdict form because the boy's suicide constituted an intentional act

Summary of this case from Vantran Ind. v. Ryder Truck Rental

Opinion

Nos. 95-2799, 95-3653.

Decided 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 and William T. Moore, Jr., Judges.

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


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.


Summaries of

Wyke v. Polk County School Board

United States Court of Appeals, Eleventh Circuit
Mar 26, 1998
137 F.3d 1292 (11th Cir. 1998)

affirming the trial court's refusal to include the name of a teenage boy who committed suicide on the verdict form because the boy's suicide constituted an intentional act

Summary of this case from Vantran Ind. v. Ryder Truck Rental

recognizing school board owed student some duty considering its knowledge of the student's “two recent, overt suicide attempts”

Summary of this case from Doe v. City of Northampton

relying on Merrill Crossings Assoc. v. McDonald, 705 So. 2d 560 (Fla. 1997) and Stellas v. Alamo Rent-A-Car, 702 So. 2d 232 (Fla. 1997)

Summary of this case from Silcox v. Hunter
Case details for

Wyke v. Polk County School Board

Case Details

Full title:Carol WYKE, individually and as personal representative of the Estate of…

Court:United States Court of Appeals, Eleventh Circuit

Date published: Mar 26, 1998

Citations

137 F.3d 1292 (11th Cir. 1998)

Citing Cases

Vantran Ind. v. Ryder Truck Rental

We agree. Appellants correctly argue that McCracken's act of committing suicide by jumping in front of a…

Silcox v. Hunter

Under Florida law, fault may not be apportioned between negligent and intentional tortfeasors. Wyke v. Polk…