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

Summary

Justice Rice, dissenting, would treat the dispute exclusively as a contract action and limit PurCo's loss-of-use damages to provable lost profits. She would conclude that PurCo could have established those profits with reasonable certainty but failed to do so because relevant records were not preserved, and that the rental agreement did not clearly establish an alternative damages measure. Justice Hobbs joined the dissent.