Gordon
09-13-2003, 08:26 PM
http://seattlepi.nwsource.com/attack/138902_911suit10.html
Wednesday, September 10, 2003
Judge: 9/11 lawsuits can proceed against airlines, Boeing, Port Authority
SEATTLE POST-INTELLIGENCER NEWS SERVICES
NEW YORK -- Opening the door to scores of Sept. 11 lawsuits against the aviation industry, a judge concluded yesterday that the hijacking and crashing of a jetliner was a "foreseeable risk."
Judge Alvin Hellerstein of U.S. District Court in Manhattan, ruled that the defendants -- American and United airlines, The Boeing Co. and the Port Authority of New York and New Jersey -- had a duty to protect the lives of people on the ground, as well as on the hijacked aircraft.
The judge began his long-awaited 49-page opinion simply: "The injured, and the representatives of the thousands who died from the terrorist-related aircraft crashes of Sept. 11, 2001, are entitled to seek compensation."
He said negligent security screening might have contributed to the deaths of 3,000 people in the attacks on the World Trade Center and the Pentagon and the crash of a hijacked plane in Pennsylvania.
"The aviation defendants controlled who came onto the planes and what was carried aboard. They had the obligation to take reasonable care in screening," he wrote.
The decision involved the cases of about 70 people injured or killed in the attacks.
The defendants had sought dismissal of the lawsuits, saying they had no duty to anticipate and guard against deliberate, suicidal aircraft crashes and that any alleged negligence on their part did not cause deaths and injuries.
In his ruling, Hellerstein said that while it may be true that terrorists had never deliberately flown airplanes into buildings, "airlines reasonably could foresee that crashes causing death and destruction on the ground were a hazard that would arise should hijackers take control of a plane."
"The intrusion by terrorists into the cockpit, coupled with the volatility of a hijacking situation, creates a foreseeable risk that hijacked airplanes might crash, jeopardizing innocent lives on the ground as well as in the airplane," he added.
As for the Port Authority, which owns the World Trade Center property, the judge said it "has not shown that it will prove its defense of governmental immunity." He said the plaintiffs have a right to argue that the Port Authority did not provide a "safe environment."
The Port Authority also operates Newark International Airport in New Jersey, the departure point for United Flight 93, the San Francisco-bound jetliner that crashed in Shanksville, Pa., on Sept. 11, 2001.
As a result of the ruling, court officials were preparing for a possible rush of lawsuits as early as this week as some people choose litigation over the federal victims compensation fund.
The defendants announced yesterday that they would immediately appeal the finding.
"Our hearts go out to all of the families of the heroes of 9/11, including our own Port Authority family members," said Steven Coleman, a spokesman for the authority. "We strongly believe that the responsibility rests with the murderers who led the attacks."
Boeing spokesman Ken Mercer said: "Terrorism, not negligence, is the issue at hand here, and Boeing has always been committed to working with airlines, airports and other officials to make the global air transportation system as safe and secure as possible."
"They are important findings, but they are preliminary," said Marc Moller, a lawyer for several hundred victims and their relatives. The judge "has not said that the airlines are liable. He said that if the plaintiffs can prove their case, the airlines could be liable."
Dec. 22 is the last day families may apply to the federal victims compensation fund, which Congress created. About 1,700 families have yet to decide whether to enroll with the fund or file a lawsuit.
Does anyone else think this is kinda silly. What next ... maybe people could get a lawsuit against the U.S Government for failure to protect the U.S homeland from terrorist attacks.
Wednesday, September 10, 2003
Judge: 9/11 lawsuits can proceed against airlines, Boeing, Port Authority
SEATTLE POST-INTELLIGENCER NEWS SERVICES
NEW YORK -- Opening the door to scores of Sept. 11 lawsuits against the aviation industry, a judge concluded yesterday that the hijacking and crashing of a jetliner was a "foreseeable risk."
Judge Alvin Hellerstein of U.S. District Court in Manhattan, ruled that the defendants -- American and United airlines, The Boeing Co. and the Port Authority of New York and New Jersey -- had a duty to protect the lives of people on the ground, as well as on the hijacked aircraft.
The judge began his long-awaited 49-page opinion simply: "The injured, and the representatives of the thousands who died from the terrorist-related aircraft crashes of Sept. 11, 2001, are entitled to seek compensation."
He said negligent security screening might have contributed to the deaths of 3,000 people in the attacks on the World Trade Center and the Pentagon and the crash of a hijacked plane in Pennsylvania.
"The aviation defendants controlled who came onto the planes and what was carried aboard. They had the obligation to take reasonable care in screening," he wrote.
The decision involved the cases of about 70 people injured or killed in the attacks.
The defendants had sought dismissal of the lawsuits, saying they had no duty to anticipate and guard against deliberate, suicidal aircraft crashes and that any alleged negligence on their part did not cause deaths and injuries.
In his ruling, Hellerstein said that while it may be true that terrorists had never deliberately flown airplanes into buildings, "airlines reasonably could foresee that crashes causing death and destruction on the ground were a hazard that would arise should hijackers take control of a plane."
"The intrusion by terrorists into the cockpit, coupled with the volatility of a hijacking situation, creates a foreseeable risk that hijacked airplanes might crash, jeopardizing innocent lives on the ground as well as in the airplane," he added.
As for the Port Authority, which owns the World Trade Center property, the judge said it "has not shown that it will prove its defense of governmental immunity." He said the plaintiffs have a right to argue that the Port Authority did not provide a "safe environment."
The Port Authority also operates Newark International Airport in New Jersey, the departure point for United Flight 93, the San Francisco-bound jetliner that crashed in Shanksville, Pa., on Sept. 11, 2001.
As a result of the ruling, court officials were preparing for a possible rush of lawsuits as early as this week as some people choose litigation over the federal victims compensation fund.
The defendants announced yesterday that they would immediately appeal the finding.
"Our hearts go out to all of the families of the heroes of 9/11, including our own Port Authority family members," said Steven Coleman, a spokesman for the authority. "We strongly believe that the responsibility rests with the murderers who led the attacks."
Boeing spokesman Ken Mercer said: "Terrorism, not negligence, is the issue at hand here, and Boeing has always been committed to working with airlines, airports and other officials to make the global air transportation system as safe and secure as possible."
"They are important findings, but they are preliminary," said Marc Moller, a lawyer for several hundred victims and their relatives. The judge "has not said that the airlines are liable. He said that if the plaintiffs can prove their case, the airlines could be liable."
Dec. 22 is the last day families may apply to the federal victims compensation fund, which Congress created. About 1,700 families have yet to decide whether to enroll with the fund or file a lawsuit.
Does anyone else think this is kinda silly. What next ... maybe people could get a lawsuit against the U.S Government for failure to protect the U.S homeland from terrorist attacks.