This section contains the nature of the case and procedural background.

A Boeing 747 operated by P was struck by a truck owned by D. D admitted liability for the accident and stipulated to the actual amount of damages for the cost of repairing the aircraft and for accommodating the passengers who were inconvenienced by the accident. The only dispute that remained was if P was entitled to any damages for loss of use and if so what those damages were. P moved for partial summary judgment in that the loss of use damages is the reasonable rental value of a replacement 747.

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