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PURCO FLEET SERVICES, INC. v. KOENIG

No. 08CA1677.

240 P.3d 435 (2010)

PURCO FLEET SERVICES, INC., a Utah corporation, Plaintiff-Appellant and Cross-Appellee, v. Judith KOENIG, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. III.

January 21, 2010.

Attorney(s) appearing for the Case

Van Cott , Bagley, Cornwall & McCarthy, Stephen K. Christiansen , Salt Lake City Utah; Holland & Hart, LLP, Stephen G. Masciocchi , Denver, Colorado, for Plaintiff-Appellant and Cross-Appellee.

Spies, Powers & Robinson, P.C., Matthew M. McQuillan , Brendan O. Powers , Denver, Colorado, for Defendant-Appellee and Cross-Appellant.

Opinion by Judge TERRY.

This appeal gives rise to numerous issues that have not previously been decided in Colorado in the context presented here. We consider the requirements for proof of loss of use damages where the damaged chattel was an automobile, customarily leased out for profit by a car rental company. Next, we construe a contract term granting the rental company the right to collect an administrative charge in connection with the damaged car. Finally, we...

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