BOZA v. CARTER

No. 1D07-3845.

993 So.2d 561 (2008)

Dane R. BOZA, II, Appellant, v. Rachel A. CARTER, Appellee.

District Court of Appeal of Florida, First District.

October 17, 2008.


Attorney(s) appearing for the Case

Sean C. Domnick of Searcy, Denny, Scarola, Barnhart & Shipley, P.A., West Palm Beach, and Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, for Appellant.

Tracy Raffles Gunn of Gunn Appellate Practice, P.A., Tampa, for Appellee.


KAHN, J.

We have considered each of the issues raised in this appeal of a jury verdict awarding damages to appellant. We cannot conclude that the nonparty to whom the jury apportioned a share of fault was an intentional tortfeasor. The ineluctable rule in Florida defines "an intentional tort as one in which the actor exhibits a deliberate intent to injure or engages in conduct which is substantially certain to result in injury or death." D'Amario v. Ford Motor...

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