Cfc Fabrication, Inc., Plaintiffs-Appellees/cross-Appellants v. Dunn Construction Company, Inc., Defendant-Appellant/cross-Appellee

JERRY E. SMITH, Circuit Judge:

Defendant Dunn Construction Company (“Dunn”) seeks reversal of a judgment in favor of plaintiffs CFC Fabrication, Inc., and FMC Acquisition Corp., 1 asserting that insufficient evidence supports the jury’s conclusion that Dunn is liable to CFC for lost and damaged concrete forming materials 2 rented to Dunn by CFC. We conclude that, since CFC failed to establish that Dunn exclusively possessed the equipment when it was lost and damaged, the district court erred in denying Dunn’s motion for a directed verdict. We accordingly reverse the judgment insofar as it…