Wyke v. Polk Cnty. Sch. Bd., 137 F.3d 1292 (11th Cir. 1998). · Go Syfert
Search
Wyke v. Polk Cnty. Sch. Bd., 137 F.3d 1292 (11th Cir. 1998). Cases Citing This Book View Copy Cite
4 citation events across 3 distinct courts.
Strongest positive: Vinson v. Clarke County, Ala. (alsd, 1998-06-17)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Vinson v. Clarke County, Ala.
S.D. Ala. · 1998 · confidence medium
In this context, however, the Eleventh Circuit has recently made clear that “Alabama sheriffs are not county policymakers in their daily management of county jails.” Turquitt, 137 F.3d at 1292.
cited Cited "see, e.g." Jones v. Budget Rent-A-Car Systems, Inc.
Fla. Dist. Ct. App. · 1999 · signal: see also · confidence low
See also Wyke v. Polk County School Bd., 137 F.3d 1292 (11th Cir.1998).
Retrieving the full opinion text from the archive…
Carol WYKE, Individually and as Personal Representative of the Estate of Shawn David Wyke, a Minor Deceased, Plaintiff-Appellee,
v.
POLK COUNTY SCHOOL BOARD, Max Linton, Individually and as Principal of McLaughlin Junior High School of Polk Counly, and James Butler, Individually and as Vice-Principal of McLaughlin Junior High School of Polk County, Defendants-Appellants; Carol WYKE, Individually and as Personal Representative of the Estate of Shawn David Wyke, a Minor Deceased, Plaintiff-Appellant, v. 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
95-2799, 95-3653.
Court of Appeals for the Eleventh Circuit.
Mar 26, 1998.
137 F.3d 1292
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.
Anderson, Fay, Kravitch, Per Curiam.
Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 63%
Citer courts: N.D. Alabama (1)
PER CURIAM:

In our earlier opinion in this matter, Wyke v. Polk County Sch. Bd., 129 F.3d 560 (11th[*1293] 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.