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« Miers Reactions | Main | Captain Sulu-- Gay »
October 27, 2005

Jury: N.Y. Port Authority 2/3's Responsible For 1993 WTC Bombings

Get ready to reach for your wallets, New Yorkers.

The jury voted unanimously that the Port Authority was negligent. It found the authority 68 percent at fault for the bombing, while the terrorists who carried it out were 32 percent at fault.

Yep, because the PA permitted the unheard of and wildly negligent practice of "underground public parking" (I wish I had a font to make that phrase all blooddrippy-Halloween scary), they are more than twice as responsible as the actual bombers. Hell, the PA practically held a gun to the terrorists heads. "Do it! Blow it up!"

Ok, to be fair, if you read the article, you can see that the PA certainly knew a bombing *could* happen, but it’s also clear the plaintiffs had something more on their side, a smoking gun: a witness able to cry on the stand.


Jurors said that they were impressed by Mr. Goldmark, who testified for the plaintiffs and wept on the stand, and that they found the witnesses for the defense less credible. "Goldmark was the only one who didn't seem to be a Port Authority company man," said the jury foreman, Alan Nelson, 54, of Washington Heights, who works in the services department of a law firm.

In contrast, he said, the witnesses for the Port Authority, "seemed highly programmed in their answers," and seemed to be speaking, "from a bureaucratic, organization-man point of view." .


Yes, once those tears started to roll, logic, and the future of underground public parking in NY ceased to exist. Why? Cause tears = Good Guys. Dry Eyes =“Suits” who care more about profits than people. Great system, huh?

(Via Ann Althouse)

posted by Dr. Reo Symes at 05:09 PM
Comments



Now would be a good time for the judge to say "Fuck it, the jurors are idiots and the terrorists are 100% liable for terrorism."

Posted by: digitalbrownshirt on October 27, 2005 05:57 PM

Well then, let's just shut down New York City.
Everybody go elsewhere, last person, turn out the lights!

Who are these jury people, anyway?

Posted by: j.pickens on October 27, 2005 05:59 PM

"I wish I had a font to make that phrase all blooddrippy-Halloween scary"

Here you go, Ace.

Posted by: Megan on October 27, 2005 06:06 PM

Or, uh, here you go, Symes.

Posted by: Megan on October 27, 2005 06:07 PM

You got that one right Ace. The Port Authority doesn't get robbed by that decision, the taxpayers do.

Posted by: Jake on October 27, 2005 06:08 PM

I wish they'd rebuild them, parking lots and all.

Posted by: Dave in Texas on October 27, 2005 06:24 PM

Whiskey, Tango, Foxtrot!!!!

Posted by: icepick on October 27, 2005 06:24 PM

Actually, Rick Rescorla, the storied head of security at Merrill Lynch (and the LT featured on the cover of "We Were Soldiers Once - and Young.") did a security survey of the WTC in 1990 and specifically noted the weak point of the underground garage supports.

He was ignored by the Port Authority.

Posted by: Jeff on October 27, 2005 06:41 PM

Jury in NY---"Make 'em pay?"
JUry--""Done!"

As it ever been.

Posted by: TC@LeatherPenguin on October 27, 2005 06:49 PM

"Actually, Rick Rescorla, the storied head of security at Merrill Lynch (and the LT featured on the cover of "We Were Soldiers Once - and Young.") did a security survey of the WTC in 1990 and specifically noted the weak point of the underground garage supports.

He was ignored by the Port Authority. "

And I and many others have noted the continued vulnerablility of the NYC Tunnels and Bridges.

Do you propose we shut them down to prevent frivolous lawsuits?

Posted by: j.pickens on October 27, 2005 06:51 PM

Megan, where you been?

Posted by: S. Weasel on October 27, 2005 06:52 PM

I think they were also assisted by this argument: we're not unreasonable, planes flying into buildings - no one could forsee that but a truck bomb in the parking garage was obvious. Now we just have to wait and see what they'll argue in the plane case.

Posted by: slickdpdx on October 27, 2005 06:59 PM

"Megan, where you been?"

Heya Weasel. :) Moving house, really busy with work, etc etc

Posted by: Megan on October 27, 2005 07:05 PM

Here's the problem: A plane into a tall building IS foreseeable. Hell, remember the plane that ran into the Emprie State Building back in the 40's (round them I believe.) Kinda strange to imagine, but you *could* imagine it.

Same thing with underground parking. Now the beef in this case was the public part of underground public parking, but still, those buildings were cities, full of people coming and going. Were we really to forbid the public from any convenient parking (and have WTC business owners suffer from decreased foot traffic) because someone might decide to use it to commit a criminal., terrorist act? It's not like Dan Ackroyd's Big, Fun "Bag-o-Glass" for kids.

We all recognize that someone could break into our house and steal our gun and use it to kill another. Suppose we use a shitty lock on our gun case padlock, one just strong enough to keep out kids from playing with them. Does the mere fact that we could certainly foresee someone breaking in, stealing the guns and using them to kill another in a crime mean we are 2/3 responsible for that later killing, the killer only 1/3?

Does the owner or architect of America's next temptingly tall building-icon 2/3 responsible for terrorist action cause it's now 'super-foreseeable' criminals would drive a plane into it? Not sure why not based on the logic here. No more tall buildings. No more underground public parking.

Posted by: Dr. Reo Symes on October 27, 2005 07:13 PM

I remember reading a book once about negotiation tactics. One of the things discussed was the effectiveness of men crying. Apparently, it's so shameful for men to cry that it even embarasses people who are witnessing it. They don't know how to deal with it.

Posted by: Tim Higgins on October 27, 2005 07:47 PM

Um, this is not the completely-insane verdict you're making it out to be.

First, let's stipulate: the apportionment of fault seems fucked. So I'm not going to defend that.

However. As Althouse points out, there appears to have been some pretty compelling evidence that the PA was made aware that this was a problem, and made a conscious choice not to fix it. And while you don't have to take precautions against every known or foreseeable risk, the greater the harm that's likely to result from any given risk (even a small risk), the greater the precautions you're expected to take against it. If there's a small chance the mere sight of my enormous cock might kill Ace, then I'll be expected to keep my pants on; otherwise, I've breached my duty of reasonable care.

And, yeah, I'm sure the wailing and gnashing of teeth influenced the jury. A trial is part showmanship, for crying out loud, and if the PA wasn't prepared to meaningfully rebut a weepy witness, then that's their own damned fault.

Posted by: Brett on October 27, 2005 08:21 PM

here's the font you're all after

bloody fonts galore

Posted by: Darwin's Moustache on October 27, 2005 08:46 PM

A real need for tort reform a real need to end this litigation nonsense and what about the terrorists? did,nt they do the attacks? so damn stupid

Posted by: SPURWING PLOVER on October 27, 2005 09:46 PM

There are a million different ways they can hit us. And protecting against them is in most cases basically self-defeating. It would add costs and make operation of said facilities too expensive, initiating a shutdown fo those facilities. As someone rightly pins out, are we to eliminate tall buildings and underground parking in big cities?

What was the recommended actions that the PA could have taken and didn't? Were they reasonable and cost effective to implement? I am willing to give benefit of the doubt if these questions are answered reasonably. However, apportionment of blame in this case is fubar.

However, we can only slow them down or make it harder for them to commit their acts. A determined terorist can do many things, especially if they are suicidal in the process. Steven Den Beste knows ways to do things as that are so relatively easy that he won't even talk about them.

Posted by: kennycan on October 27, 2005 11:30 PM

If this lawsuit got through, then the sovereign immunity waiver provisions of the New York version of the Tort Claims Act must be extremely liberal.

Posted by: Mark V. on October 28, 2005 12:59 AM

Mark, clipping just for clarity:

New York ... must be extremely liberal.

Yes?

Posted by: VRWC Agent on October 28, 2005 07:45 AM
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