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Kuwait Airways Corp. v. Ogden Allied Aviation Services

United States District Court for the Eastern District of New York
726 F. Supp. 1389 (1989)


Facts

A truck owned by Ogden Allied Aviation Services (defendant) crashed into a plane owned by Kuwait Airways Corporation (plaintiff), causing damage. Kuwait Airways sued Ogden. Ogden admitted liability and agreed to pay for the repair of the plane. Kuwait Airways also sought damages for the amount of time (six days) it could not use the plane while it was being repaired. Ogden presented evidence that Kuwait Airways replaced the damaged plane with a spare plane it had in its fleet. The airline paid no rental fees to procure a new plane and suffered no cancelled flights or lost profits. Kuwait Airways submitted that the measure of damages should be the reasonable rental value of the replacement airplane it used during the repairs. There was no market, however, for renting a 747 airplane for six days; Kuwait Airways’s requested damages was the result of an economic model. Kuwait Airways moved for partial summary judgment on the issue of how damages should be calculated.

Rule of Law

Issue

Holding and Reasoning (Dearie, J.)

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