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Torts keyed to Best
In Re World Trade Center Bombing Litigation
Citation:
957 N.E.2d 733 (N.Y. 2011)Facts
The Port Authority is a government agency that was created as a joint project between the states of New York and New Jersey. The Port Authority’s function is to oversee and operate centers of commerce and trade, including transportation hubs. The Port Authority does not draw its revenue from taxpayers, but rather from income and fees generated by its properties. Included in these properties was the World Trade Center (WTC).
In 1993, Ramzi Yousef and Eyad Ismoil drove a rented van into the WTC parking garage. Once inside, the two individuals lit a bomb that was to detonate approximately ten minutes later. The two left, unnoticed, and the bomb exploded, killing six people and injuring many others.
648 people commenced 174 suits against the Port Authority for injuries suffered from the bombing. The Port Authority argued that its security of the WTC was a governmental function, and therefore immune from suit. The district court denied the motion, finding that the Port Authority’s function was as a landowner. The appellate court affirmed, and the Port Authority appealed.
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