Kuwait Airways Corp. v. Ogden Allied Aviation Services

A truck owned by Ogden Allied Aviation Services (defendant) crashed into a plane owned by Kuwait Airways Corporation (plaintiff); Ogden admitted liability and agreed to pay repair costs, but Kuwait Airways also sought damages for the six days it couldn't use the plane while it was being fixed. Ogden showed that Kuwait Airways simply used a spare plane already in its fleet, paid no rental fees, and suffered no cancelled flights or lost profits as a result. Kuwait Airways nonetheless argued its damages should be measured by the reasonable rental value of a replacement 747 for six days, calculated through an economic model since no actual rental market exists for a 747 over such a short period. Kuwait Airways moved for partial summary judgment on how the loss-of-use damages should be calculated.