Nash v. Port Authority of New York and New Jersey

Port Authority of New York and New Jersey (Port Authority) (defendant) owned the World Trade Center, two skyscrapers in New York City. Beneath the buildings was an underground parking facility with 2,000 spaces that was open to the public. In 1984, Port Authority’s police superintendent issued a report stating that the World Trade Center was at high risk of a terrorist attack and noted specifically that the public parking lots were susceptible to a car bombing. The World Trade Center’s executive director sought the advice of an engineering consultant, who opined that a terrorist attack was not only possible but probable given the vulnerability of the buildings via the parking lots. In 1985, a report prepared by the Port Authority’s Office of Special Planning (OSP) stated that the World Trade Center was a prime target for a terrorist attack due to its symbolism, accessibility, and vulnerability, and that the parking lot was vulnerable to a car bombing in which the terrorist would drive the car into the lot and exit the premises before a time-sensitive bomb would explode. OSP recommended that the public parking lots be eliminated. Port Authority rejected that recommendation, citing inconvenience and revenue loss. Between 1985 and 1993, similar high-profile buildings heightened their safety measures to prevent car bombings. On February 26, 1993, terrorists drove a vehicle into the parking lot, parked, and left the vehicle after lighting a timed fuse that caused an explosive to detonate. Six people died, and hundreds were injured. Linda P. Nash (plaintiff) and other bombing survivors sued Port Authority, contending that the bombing was foreseeable and Port Authority was negligent in failing to take precautions. A jury found Port Authority negligent and responsible for most of the harm resulting from the attacks. Port Authority appealed, arguing that although the bombing was foreseeable, it was not likely and therefore Port Authority was not responsible for taking increased precautions to safeguard the parking facility.