On October 1, CCL’s Robert Peck argued that the U.S. Court of Appeals for the Second Circuit should uphold the liability and damages awarded to Vito Saladino in a products liability action. Saladino, who worked for American Airlines in loading and unloading baggage at JFK airport in New York, was catastrophically injured and rendered a quadriplegic when the hood of the baggage tractor in which he was a passenger flipped up and hit him in the head. He sued the tractor’s manufacturer, which then sued American Airlines. A jury assigned 30 percent responsibility to the manufacturer and 70 percent responsibility to the airlines and awarded damages of $40 million. In the appeal, Saladino v. Stewart and Stevenson Services, Inc., the defendants raise questions about whether the jury inappropriately required a warning about the likelihood that the hood on this manufacturer’s vehicle, unlike that of 96 other tractors from other manufacturers used by American Airlines, had hinges that permitted the hood to breach the passenger compartment, whether substantial alterations to the vehicle absolved the manufacturer of responsibility, whether Mr. Saladino was a knowledgeable user who did not need to be warned about the hood, and whether the damages awarded were excessive. The case is under advisement.