ruled that “[t]he ADA’s savings clause, which preserves other remedies provided by law, had the effect of preserving the clearly established federal common law cause of action against air carriers for lost shipments.” Id. (citations and quotation marks omitted). 8 In their appellate briefs, both parties acknowledge that, as a bailee of Mr. Lindsey’s carry-on bag, Cape Air had a duty to exercise reasonable care in protecting the bag. (See Appellant’s Br. 10-11; Appellees’ Br. 18-19.) 9 We note that, had the evidence established that Cape Air retrieved the bag from the belt and stored it overnight for Mr. Lindsey ’ s benefit, a gratuitous bailment may have been created under which Cape Air would have been liable for loss or damage caused by its gross negligence. See Lord, supra at 53:8
holding landlord may recover from tenant for fire damage caused by tenants negligence regardless of existence of insurance recognizing that a bailee who undertakes the care of goods without reward is liable for damage caused only by his or her gross negligence holding that a landowner who lost a strip of property to a highway widening project could not recover losses caused by concurrent placement of a median strip because when less than the entire property is taken compensation for damage to the remainder can be awarded only if such damage is caused by the taking and cjonstruction of the median not the taking caused the alleged damage holding that negligence does not violate the due process clause but reserving the question whether gross negligence does holding that ordinary negligence and gross negligence are not separate causes of action