Crestview Memorial Funeral Home v. Gilmer, 1100235 (Ala. 8-26-2011)

Summary

The court reversed the judgment on both the suppression and breach-of-contract claims and remanded for a new trial. It held that Crestview was not entitled to a judgment as a matter of law on suppression because the evidence could support a duty to disclose and knowledge of the undisclosed facts. It also held that whether Crestview materially breached the authorization by using an unlicensed embalmer was for the jury, and that the lump-sum damages award prevented review of the claims separately.