house john boehner on health care and what is ahead and an update on congresswoman gabrielle giffords, her husband talks live only on happening now. we ll see you at the top of the hour. martha: all right, this is a tragic story that raises a lot of sort of legal complications, the family of a north carolina teenager is now suing both the charlotte airport and also u.s. airways, after, listen to this, their son stowed away in the wheel well of a plane. and then he fell to his death when this plane was almost at the destination and he was in there a long time and the family claims if the airline and the airport had done their jobs, their son would have never been able to get into that wheel well of the plane and never would have happened and he never would have died. they found his body in milton, massachusetts. as the plane was on its way to logan airport, joined by arthur adaillo and joey jackson, a
former prosecutor. welcome. the fact that it is possible that this could happen is so unbelievable and, you know, we don t know much about the family situation, and, what led the young boy to climb en to the wheel well and try to make it to massachusetts in that plane. any liability, joey? we ll start with you, for the airline or for the airport? i say no. and, here s why. what happens is, is that there s a lot of blame to go around and it is a horrific story and we hate to hear this and our hearts go out to the family, no question about that, but the problem is it is negligence and, in negligence you have duty, breach, causation and damages and you have to establish lie ability and in this case, north carolina, is a tributer to negligent state and if they can establish he was negligent tor doing something known to cause harm, then, there is no liability at all. martha: arthur. we ll should realize the case from a legal point of view is