In Re World Trade Center Bombing Litigation
Court of Appeals of New York
957 N.E.2d 733 (2011)
In the 1993 World Trade Center bombing, terrorists detonated a fertilizer bomb in the WTC's parking garage, killing six people, injuring scores more, and creating a six-story-deep blast crater. Roughly 650 plaintiffs filed 174 (later consolidated) lawsuits against the Port Authority (PA), the bi-state entity managing the WTC's garage and several floors along with other regional transportation hubs, alleging the PA negligently failed to provide adequate security — including failing to implement recommended security measures, restrict garage access, or install an electronic security system. The PA moved for summary judgment on governmental immunity and lack of foreseeability; the trial court denied the motion, characterizing the PA's conduct as proprietary landowner activity rather than governmental function, and the appellate division affirmed. The Court of Appeals granted review.
Whether a governmental entity is immune from negligence liability when its actions, viewed along a continuum of responsibility, involve complex matters of security and risk against a terrorist attack.