Judith Koenig, Petitioner/cross-Respondent v. Purco Fleet Services, Inc., a Utah Corporation…

Summary

The court held that Colorado law permits a commercial owner to measure loss-of-use damages by either reasonable rental value or net lost profits. It interpreted the rental agreement's provision requiring payment for loss of use "regardless of fleet utilization" to entitle PurCo to recover the reasonable rental value of a substitute vehicle without proving that National would have rented the damaged vehicle or another vehicle. The court affirmed the court of appeals' determination that summary judgment for Koenig was improper, vacated its loss-prerequisites analysis, and remanded for calculation of reasonable rental value. Justice Rice, joined by Justice Hobbs, dissented, reasoning that contract law limited recovery to lost profits and required judgment for Koenig.