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DENSBERGER v. UNITED TECHNOLOGIES CORP.

Docket No. 00-9512.

297 F.3d 66 (2002)

Kathleen DENSBERGER, Individually and as Executrix of the Estate of Colonel William Densberger, Mary Ann Kelly, Individually and as Executrix of the Estate of Colonel Robert Kelly, Lisa Rhodes Truluck, Individually and as Executrix of the Estate of Specialist Gary Rhodes, Jr., Deborah L. Robertson, Individually and as Executrix of the Estate of Major General Jarrett Robertson, Christopher Mancini, CW2, Wendy Mancini and Eric Johnson, Major, Plaintiffs-Appellees, v. UNITED TECHNOLOGIES CORPORATION, Defendant-Appellant, Aeroquip Corporation, Alcoa Composites Inc. and Brunswick Corp., Defendants.

United States Court of Appeals, Second Circuit.

Decided: March 12, 2002.

Amended: July 19, 2002.

Attorney(s) appearing for the Case

Andrew L. Frey, Mayer, Brown & Platt (Catherine M. Sharkey, Mayer, Brown & Platt, and Mark A. Dombroff, Raymond L. Mariani, Dombroff & Gilmore, New York City, on the brief), for Defendant-Appellant.

Steven R. Pounian (Francis G. Fleming, Brian J. Alexander, Jacqueline M. James, Raafat S. Toss, on the brief), Kreindler & Kreindler, New York City, for Plaintiffs-Appellees.

William F. Sheehan, Frederick C. Schafrick, Ross E. Davies, Shea & Gardner, Washington, D.C., for Amicus Curiae, The Aerospace Industries Association of America, Inc.

Before MESKILL, KEARSE, and CALABRESI, Circuit Judges.

AMENDED OPINION

CALABRESI, Circuit Judge.

Following a $22.9 million jury verdict, the district court entered judgment for the plaintiffs, and denied the defendant's post-trial motions for judgment as a matter of law and for a new trial. Defendant United Technology Corporation ("UTC") appeals. The principal questions presented on appeal are whether the Connecticut Products Liability Act ("CPLA") preempts plaintiffs' common law negligence theory of recovery...

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