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ARTICLE ID 169682
$________ AWARD - PORT AUTHORITY NEGLIGENCE - ALLEGED FAILURE TO CLOSE GARAGE DESPITE KNOWN VULNERABILITY TO TERRORIST ATTACK PRIOR TO FIRST WORLD TRADE CENTER BOMBING - PHYSICAL INJURIES AND MENTAL DISORDERS CLAIMED BY PLAINTIFF SURVIVOR WHO WAS STRUCK BY DEBRIS IN PARKING GARAGE.
New York County, NY
Following the original ________ World Trade Center terrorist
attack in the parking garage of WTC 1, the female plaintiff
contended that she suffered short-term memory disorder and post-
traumatic stress disorder as well as physical injuries after the
explosion. The plaintiff claimed that the defendant Port
Authority negligently failed to close the parking garage despite
a report on its vulnerability to terrorism. As a result, Islamic
terrorists were able to park a rental truck loaded with
explosives in the garage and cause it to explode, causing the
plaintiff who was exiting her vehicle 1 floor above to be struck
by debris and suffer mental, emotional and physical disorders
including lung injuries from smoke inhalation related to the
attack. The plaintiff contended that her injuries caused her work
performance to suffer, ultimately resulting in her termination as
a senior benefits manager for a Big-5 accounting firm. The
defendant denied that the plaintiff suffered any brain injuries
during the bombing and contended that she could have found
alternate employment after her termination following the
incident.
The evidence revealed that on the day of the first World Trade
Center attack on February 25, ________, the then 45-year-old
plaintiff was employed as a senior benefits manager for Deloitte
& Touche, LLP, working on the 97th floor of the north tower above
the parking garage where the explosion took place. The evidence
introduced by the plaintiff showed that the plaintiff was parking
her car on the garages B-2 level when the truck bomb on the B-1
level collapsed six floors of the parking facility. Islamic
terrorists had detonated explosives in a rented Ryder van in the
________-car garage located under the former Twin Towers and Vista
Hotel. They had set a 10 minute fuse on a ________ pound dynamite
bomb and left the area. The blast injured ________ and killed 6
people.
The plaintiff testified that she had just stepped out of her car
in the garage when the blast erupted just after 12:15 p.m. She
was struck in the back of the head by debris and knocked to the
ground. The plaintiff testified that she then stumbled through
the wreckage in the dark and finally called ________ from a pay phone
booth in the garage. The plaintiff was eventually discovered in
the garage by firefighters hours after the attack covered with
fallen debris,.
The plaintiff claimed short-term memory disorder and post-
traumatic stress disorder prompted by the attack. The plaintiff
also alleged that her lungs were scarred by the debris she
inhaled which has left her breathing weak, and that the hearing
in her left ear remains impaired, although it has improved in
recent years. A toxic dose of antidepressants taken in the early
years of her struggle after the bombing incident partly destroyed
her liver.
Plaintiffs counsel alleged that a ________ report commissioned by
the Port Authority had warned that the underground garage was
vulnerable to a car bombing and recommended that the garages be
closed to public parking.
The defense claimed that that there was no evidence the plaintiff
suffered any brain injuries in the bombing, pointing to brain
scans taken after the incident which showed that the plaintiff
did not sustain any head injuries. The defense attributed the
plaintiffs job loss and difficulty functioning to post-traumatic
stress disorder, not the claimed brain damage. The defendant
further contended that the plaintiff could have found alternative
employment after she was terminated from Deloitte & Touche in
________ for being unable to perform her job.
This case was tried on the issue of damages following an appeals
court ruling in ________ which upheld a prior jurys earlier verdict
for the plaintiff on liability. In the earlier liability trial
held in ________, the jury found the defendant Port Authority 68%
liable and the terrorists 32% liable.
In the subject trial, the jury of comprised of three men and
three women deliberated for approximately two hours before
returning with a verdict of $________ for past and future pain
and suffering and past lost wages, but no award for future lost
wages.
5 ways to win with JVRA
JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:
- Determine if a case is winnable and recovery amounts.
- Determine reasonable demand for a case early on.
- Support a settlement demand by establishing precedent.
- Research trial strategies, tactics and arguments.
- Defeat or support post-trial motions through past case histories.
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