Kinnel, Eugene F. v. Mid-Atlantic Mausoleums, Inc.

OPINION OF THE COURT

GARTH, Circuit Judge:

The plaintiff/appellee, Eugene F. Kinnel (“Kinnel”), brought this action against defendants/appellants, Mid-Atlantic Mausoleum, Inc. (“Mid-Atlantic”) and John E. Kennan (“Kennan”), seeking damages for breach of contract and for fraudulent misrepresentation. 1 Trial was bifurcated between liability and damages. With respect to liability, the jury, in response to written interrogatories, found against Mid-Atlantic. 2 No questions regarding Kennan’s individual liability were included in the interrogatories submitted to the jury, and thus the jury returned…