D, through its employee Keith Sugioka (Sugioka), rented a truck from P. Sugioka signed a rental agreement for the truck on behalf of D. The truck was stolen after a D employee left the keys in the ignition of the unattended and unlocked truck. At the time of the theft, the truck was parked facing the street at the front of a row of trucks in an alley next to D's facility. P sued D for the loss of the truck. The court dismissed D's counterclaim and awarded judgment against D for $8,957.23. This amount, in part, included $7,500 based on the fair market value of the truck and the loss of use of $550. D appealed. D claimed that P should not recover more than the wholesale value of the stolen truck, nor recover 'lost volume' damages for loss of the use of the truck.

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