Collins Entertainment Corp. v. Coats & Coats Rental Amusement

I respectfully dissent. In my view, the “lost volume seller” doctrine should not be adopted and applied in this case. Moreover, in my view, the court of appeals erred in affirming the trial court’s calculation of damages. Therefore, I would reverse and remand.

The lost volume seller doctrine is a measure of damages applied in cases involving breach-of-contract claims. See, e.g., Gianetti v. Norwalk Hosp., 266 Conn. 544, 833 A.2d 891 (2003); Jetz Serv. Co., Inc. v. Salina Properties, 19 Kan.App.2d 144, 865 P.2d 1051 (1993).

The present case, however, involves an allegation of tortious…