WYKE v. POLK COUNTY SCHOOL BOARD

Nos. 95-2799, 95-3653.

137 F.3d 1292 (1998)

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 County, 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-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 26, 1998.


Attorney(s) appearing for the Case

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.

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?

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