NY’s top court finds transit agency immune from negligence claims in ‘93 WTC terrorist bombing

The Court of Appeals, divided 4-3 in reversing lower courts, concluded that the Port Authority of New York and New Jersey, which runs area airports and owns the trade center site, is entitled to government immunity for its security measures at the building.

“If the essential nature of the governmental agency’s injury-causing acts or omissions was a failure to provide security involving police resources — i.e. police protection — then a governmental function was being performed,” Judge Theodore Jones Jr. wrote. “Any failure to secure the parking garage against terrorist attack predominantly derives from a failed allocation of police resources.”

Thursday’s decision is unlikely to affect settled claims but could mean the transit agency doesn’t have to pay those that are still outstanding.

About 200 claims in the case were filed by 648 plaintiffs, and most have been privately settled. A handful of personal injury claims remain, plus one for business interruption by tenant Cantor Fitzgerald seeking hundreds of millions of dollars.

The immediate ruling was in the case of Antonio Ruiz, who had been awarded $824,100 in damages at the trial court.