 The Woodward case , formally known as <unk> v. Comair , was set for a punitive damages jury trial July 19 , 2010 . In that trial a different jury was to decide whether Comair was guilty of gross negligence that was a substantial factor causing the crash and , if so , the amount of any punitive damages the jury deemed appropriate . The decision to allow a jury trial was reversed in a later hearing , with the judge ruling that the company couldn 't be punished for the " <unk> conduct " of its pilot . 
