Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Shredding Common Sense (You're NOT gonna believe this!)
American Enterprise Online ^ | 12/13/05 | Ralph Reiland

Posted on 12/14/2005 7:14:35 AM PST by Valin

The 1993 World Trade Center bombing was the most destructive terrorist attack on U.S. soil up until that time. Planted in a rental van, a 1,500-pound, urea-nitrate bomb exploded in the parking garage beneath the World Trade Center complex, creating a crater 200 feet across and seven stories deep.

The blast killed six people, injured nearly 1,000, and caused hundreds of millions of dollars in property damage and business interruptions. It could have been worse. “If the van had been parked a few feet closer to one of the pillars,” writes James Bovard, a policy analyst for The Future of Freedom Foundation, “it could have collapsed an entire tower of the Trade Center, killing tens of thousands.”

In fact, the terrorists’ plan was designed to topple New York City's tallest tower onto its twin, creating maximum havoc during a busy workday with perhaps as many as 50,000 people being killed and a cloud of cyanide gas chasing the survivors through the streets of Manhattan.

Now, after a dozen years of legal maneuvering, a jury in the state Supreme Court of New York has taken the terrorists off the hook for the majority of the blame in their 1993 attack. On October 26, unanimously, the jury said the guys who carried out the bombing were only 32 percent responsible for the damages.

The majority wrongdoer, 68 percent at fault for the death and destruction, said the jury, was the Port Authority of New York and New Jersey, the then-owner of the World Trade Center. This means that the party with the deepest pockets—also known as the taxpayers of New York and New Jersey—will be picking up the tab for most of the losses.

On the day of the 1993 blast, Mario Cuomo, New York's governor at the time, told journalists: “We all have that feeling of being violated. No foreign people or force has ever done this to us. Until now, we were invulnerable.”

Today, playing Monday-morning quarterback more than a decade after the attack, the New York jury has said the Port Authority “should have known” an attack was coming, even if, as Cuomo said, nothing like that had ever happened before. Further, the Port Authority “should have known” to shut down the garage to the public, and to its upstairs tenants, even if, as Cuomo said, no one had felt vulnerable before to a foreign force in the center of Manhattan.

Because the jury apportioned more than half the liability to the Port Authority, the plaintiffs’ principal lawyer, David Dean, said the agency will have to pay 100 percent of any damages for pain and suffering that might be awarded—so-called non-economic damages—as well as 100 percent of any economic damages, such as lost business. As it currently stands, explained Dean, lawyers for the plaintiffs are seeking an estimated $1.8 billion in alleged damages.

Being perfectly efficient, of course, the managers of the Port Authority could have been flawless fortunetellers—better than the CIA, NSA, and FBI—and closed the garage. But then the terrorists might have gone the route of exploding anthrax bombs in the lobby, or crashing jets into the upper floors.

Ralph Reiland is the B. Kenneth Simon professor of free enterprise at Robert Morris University in Pittsburgh. He is a regular columnist for The American Enterprise Online.


TOPICS: Editorial; Government; US: New York; War on Terror
KEYWORDS: 1993; clintonlegacy; wtc; wtc1993
Navigation: use the links below to view more comments.
first 1-5051-66 next last

1 posted on 12/14/2005 7:14:36 AM PST by Valin
[ Post Reply | Private Reply | View Replies]

To: Valin
"On October 26, unanimously, the jury said the guys who carried out the bombing were only 32 percent responsible for the damages. The majority wrongdoer, 68 percent at fault for the death and destruction, said the jury, was the Port Authority of New York and New Jersey, the then-owner of the World Trade Center."

Stupidity of massive proportions. Did they import these jurors from L.A.?

2 posted on 12/14/2005 7:17:26 AM PST by BenLurkin (O beautiful for patriot dream - that sees beyond the years)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Valin

This sounds more like a California jury.


3 posted on 12/14/2005 7:17:36 AM PST by ConservativeBamaFan
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin

And where do you find lawyers so cynical and disrespectful of truth to make this kind of case?


4 posted on 12/14/2005 7:18:18 AM PST by BenLurkin (O beautiful for patriot dream - that sees beyond the years)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Valin
These jurors are either profoundly dishonest or pathetically stupid. Either way, when more and more folks like this are serving on juries and voting in elections, I fear for our nation.
5 posted on 12/14/2005 7:18:32 AM PST by TChris ("Unless you act, you're going to lose your world." - Mark Steyn)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Valin

It's pathetic isn't it? remember the phrase, "caught red-handed"? Well, that doesn't matter anymore. Now every killer is really just a victim him/herself, and there is always a corporation/city council/small business owner that could have done something more or less that would have kept the killer from going to that extreme.


6 posted on 12/14/2005 7:19:43 AM PST by cchandler
[ Post Reply | Private Reply | To 1 | View Replies]

To: Valin

I am certain that I will see civil war in the U.S. in my lifetime, and that it will start with "targeted assassinations" of people like these lawyers and jurors.


7 posted on 12/14/2005 7:20:06 AM PST by jiggyboy (Ten percent of poll respondents are either lying or insane)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin
Jurors are usually drawn from the pool of eligible voters.

In this case, voters who are, for example, represented in the United States Senate by Chuck "the Schmuck" Schumer, and Her Heinous the Hildebeeste.

8 posted on 12/14/2005 7:20:19 AM PST by ArrogantBustard (Western Civilisation is aborting, buggering, and contracepting itself out of existence.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Valin
Now, after a dozen years of legal maneuvering, a jury in the state Supreme Court of New York has taken the terrorists off the hook for the majority of the blame in their 1993 attack. On October 26, unanimously, the jury said the guys who carried out the bombing were only 32 percent responsible for the damages.

That's okay. We'll only shoot them with 32 percent of a bullet.

9 posted on 12/14/2005 7:20:20 AM PST by Lazamataz (Liberals screwed again: HOLIDAY derives from the words Holy Day. NOW what will they do?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin

And where do you find lawyers so cynical and disrespectful of truth to make this kind of case?

__________

The Yellow Pages.


10 posted on 12/14/2005 7:20:35 AM PST by rightinthemiddle (I might be wrong, but I'm always right.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Valin

It is very difficult to have good juries. Most people who serve on juries,for protracted cases, have nothing better to do. So it follows that the people on the jury do represent an accurate cross-section of the population.


11 posted on 12/14/2005 7:21:54 AM PST by ozoneliar ("The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants" -T.J.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rightinthemiddle

Actually, they have their own commercials on t.v. really late at night. Here's a good rule of thumb; if the lawyer has a commercial, then he/she need business more than you need a lawyer.


12 posted on 12/14/2005 7:22:29 AM PST by cchandler
[ Post Reply | Private Reply | To 10 | View Replies]

To: BenLurkin

Guys who want money and power over principle. The Port Authority needed to be found responsible because they are the only ones with accessible deep pockets.


13 posted on 12/14/2005 7:24:04 AM PST by tiki
[ Post Reply | Private Reply | To 4 | View Replies]

To: jiggyboy

You are probably right. Problem is, I'm behind enemy lines.


14 posted on 12/14/2005 7:24:35 AM PST by PeoplesRepublicOfWashington (How long do we have to pretend that the vast majority of Democrats are patriots?)
[ Post Reply | Private Reply | To 7 | View Replies]

To: BenLurkin

"Stupidity of massive proportions. Did they import these jurors from L.A.?"

Not stupidity, greed. People were hurt. They deserve to get money for their hurt. The terrorists obviously can't pay anything. The Port Authority of New York and New Jersey obviously has a lot of "free money" and/or insurance, so the jury decided it was more at fault so it would have to pay. Common sense means nothing between a party with deep pockets versus a party with shallow or nonexistent pockets. Keep in mind the attorneys would have pressed this argument very strongly because their own fees come from the deep pockets they can hold accountable.

These jurors obviously decided that the Port Authority and/or their insurace companies can just rev up the printing press whenever a large judgment is awarded. Too many of these cases are treated by the jury like a chance to award lottery proceeds to a deserving party. Likely to be overturned on appeal.


15 posted on 12/14/2005 7:24:56 AM PST by caseinpoint (Don't get thickly involved in thin things.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: jiggyboy

"I am certain that I will see civil war in the U.S. in my lifetime, and that it will start with "targeted assassinations" of people like these lawyers and jurors."

Target an Anti-Bush rally in DC and you take care of 90% of the problems plaguing this country. You can fix the other 10% by taking Teddy for a car ride.


16 posted on 12/14/2005 7:25:43 AM PST by EQAndyBuzz (Liberal Talking Point - Bush = Hitler ... Republican Talking Point - Let the Liberals Talk)
[ Post Reply | Private Reply | To 7 | View Replies]

To: BenLurkin

At the dog run.


17 posted on 12/14/2005 7:25:58 AM PST by thoughtomator (What'ya mean you formatted the cat!?)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Valin
I commented to my wife last night, if Tookie Williams were tried today, he would be a free man.

Anyone here ever read "The Onion Field" or see the movie. This case was in the California Court System for nearly a decade, during the 60's. There is one portion of the book and film, where during one of the trials, the lawyer for the criminal stands before the judge and makes outragous claims against the prosecution - "Judge, I move for a mistrail because the prosecutor just looked and me and called me a C***S***er." It was jaw-dropping then but seems common place now!

18 posted on 12/14/2005 7:26:02 AM PST by 7thson (I've got a seat at the big conference table! I'm gonna paint my logo on it!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Valin

Oh, I believe it.


19 posted on 12/14/2005 7:27:10 AM PST by nuconvert (No More Axis of Evil by Christmas ! TLR) [there's a lot of bad people in the pistachio business])
[ Post Reply | Private Reply | To 1 | View Replies]

To: jiggyboy

I have been preparing for it, aprt of me is welcoming it to cleanse our pallette so to speak. I think it is just a matter of a couple of decades if not sooner before it starts.


20 posted on 12/14/2005 7:27:25 AM PST by One Proud Dad
[ Post Reply | Private Reply | To 7 | View Replies]

To: EQAndyBuzz
Right ... on all counts.





21 posted on 12/14/2005 7:30:03 AM PST by G.Mason (Others have died for my freedom; now this is my mark ... Marine Corporal Jeffrey Starr, KIA 04-30-05)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Valin
The party from whom the most money can be extracted is "at fault." It could just as well have been the State of New York or IBM or George Soros even. For a jury there does not even nêd to be a connection of any sort between the perpetrator and the victim. If the disparity is too egregious then the verdict will be overturned.
22 posted on 12/14/2005 7:30:57 AM PST by arthurus (Better to fight them over THERE than over HERE.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Valin

A jury of the peers of whom?? That is the question.

Lawyers are slick
but for verdicts like this
they need a jury, that's sick,
mentally sick that is-
Or stupid.


23 posted on 12/14/2005 7:31:55 AM PST by F.J. Mitchell (Okay, bring our troops home. But don't feign surprise when the terrorists tag along.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TChris

If it hasn't occurred to all already, it's quite possible that the jury was bribed. When you're talking about a billion plus dollars in settlement, a few hundred thousand for bribes is doable.

Sympathy for victims could be another motive here. Soak the ones with the deep pockets when the real culprits have empty ones.


24 posted on 12/14/2005 7:32:02 AM PST by MSM Hater ("Merry Christmas!")
[ Post Reply | Private Reply | To 5 | View Replies]

To: BenLurkin

This is the kind of story that makes people have such contempt for the legal profession. As far as the jury is concerned it must have been a carefully collected group of the stupidest people on one jury since the OJ trial, or perhaps they had a bit of an agenda (like $$$$ in their pockets).


25 posted on 12/14/2005 7:33:13 AM PST by pepperdog
[ Post Reply | Private Reply | To 4 | View Replies]

To: Valin

We have taken on an attitude in this country that when bad things happen, someone must pay..The jurors simply felt sorry for the tenants and those injured and figured out a way to compensate..Deep pockets judgement? I think it has to be.

This judgement is outrageous and stupid.


26 posted on 12/14/2005 7:33:14 AM PST by MEG33 (GOD BLESS OUR ARMED FORCES)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Valin
This means that the party with the deepest pockets—also known as the taxpayers of New York and New Jersey—will be picking up the tab for most of the losses.

The guilty parties nearer to Mecca have deeper pockets.

27 posted on 12/14/2005 7:33:42 AM PST by USF (I see your Jihad and raise you a Crusade ™ © ®)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Valin

I can't believe it. I see one of the key words is WTC. We should add another, WTF


28 posted on 12/14/2005 7:33:55 AM PST by caver (Yes, I did crawl out of a hole in the ground.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MSM Hater
If it hasn't occurred to all already, it's quite possible that the jury was bribed.

Fair enough. Change my "profoundly dishonest" comment to "criminally dishonest". :-/

29 posted on 12/14/2005 7:34:29 AM PST by TChris ("Unless you act, you're going to lose your world." - Mark Steyn)
[ Post Reply | Private Reply | To 24 | View Replies]

To: Valin

Anyone interested in finding the real wrongdoers in this travesty I'd suggest reading an old FR thread called "Batting a Thousand" which recounts a NY Times article written by (I think) Ralph Blumenthal that a certain fedgov agency had a plant within that group who did everything possible to warn the feds as to when the bombing would take place yet inexplicably it was allowed to occur anyway. Interestingly enough the plant was smart enough to tape someof the conversations he had with agents so that when the trial came he was able to cover his a$$.


30 posted on 12/14/2005 7:36:44 AM PST by american spirit (Can you handle the truth? - www.rbnlive.com ( 4-6 CST M-F)) / click "listen live")
[ Post Reply | Private Reply | To 1 | View Replies]

To: cchandler

My point was how many would do it for the money.


31 posted on 12/14/2005 7:37:36 AM PST by rightinthemiddle (I might be wrong, but I'm always right.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: ArrogantBustard

Lawyers on both sides have become proficient at selecting jurors who show no intellectual activity, the dimmest bulbs in the box. There has got to be a better way to select a jury.


32 posted on 12/14/2005 7:37:43 AM PST by Amos the Prophet (amen)
[ Post Reply | Private Reply | To 8 | View Replies]

To: BenLurkin

I've served on three juries. What I found was that people are really stupid and I pray to God that I never have to be judged by a jury. These are the same jokesters who voted for Clinton, Gore, Kerry, etc. and since they have more free time (are more likely to be unemployed), you get more of them on the jury.


33 posted on 12/14/2005 7:41:00 AM PST by Paved Paradise
[ Post Reply | Private Reply | To 2 | View Replies]

To: BenLurkin
"Import jurors"

No, but the thieving lawyers know where the money is, and it's not in the pockets of the some mideast terrorists from Iraq and elsewhere. (Did I mention that the head terrorist was an Iraqi who boogied back to Baghdad?). Just another example of how lib lawyers are wrecking the country for their own greed.

34 posted on 12/14/2005 7:41:21 AM PST by driftless ( For life-long happiness, learn how to play the accordion.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: jiggyboy

Nah!


35 posted on 12/14/2005 7:41:42 AM PST by Valin (Everyone is entitled to be stupid, but some abuse the privilege)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Amos the Prophet

I think people being selected for jury duty should have to pass a basic intelligence test but that'll never happen because too many people trying to get out of it would fail purposely.


36 posted on 12/14/2005 7:42:01 AM PST by Paved Paradise
[ Post Reply | Private Reply | To 32 | View Replies]

To: Valin

Don't be so sure this is stupidity. Have a little faith in your fellow Americans. I am not sure what came out during the trial so I will withhold comments. Lots of folks think the MacD's Hot Coffee case was stupid, too, but when exposed to the real facts, most see it differently. (Except on FR, of course, where I once spent frantic hours trying to explain it with little success.)

parsy, who has faith in the jury system.


37 posted on 12/14/2005 7:44:11 AM PST by parsifal
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin

Don't you get it? Greedy NYers know you can't get a Fn cent out of the Terrorists so you go after those who have...

This is nothing but $ for loss that can't be compensated any other damn way!

It stinks and shows that NYers are nothing but mooches.


38 posted on 12/14/2005 7:47:30 AM PST by funkywbr
[ Post Reply | Private Reply | To 2 | View Replies]

To: parsifal

Nothing could have possibly come out in the trial that would have mitigated the perpetrators responsibility of less than 50% PERIOD.


39 posted on 12/14/2005 7:48:19 AM PST by traderrob6
[ Post Reply | Private Reply | To 37 | View Replies]

To: rightinthemiddle

I know, I was makig a joke.


40 posted on 12/14/2005 7:54:18 AM PST by cchandler
[ Post Reply | Private Reply | To 31 | View Replies]

To: traderrob6

You may be right. This may be one the jury got wrong. I won't make that call, though, until I know more facts. On a lot of these legal issues, we get just enough info to make a sensational story, but not the whole story. It is a lot harder to fool a jury than you may think. Remember, 12 Americans sat there and listened to a gob of evidence.

parsy, who urges caution.


41 posted on 12/14/2005 7:54:25 AM PST by parsifal
[ Post Reply | Private Reply | To 39 | View Replies]

To: Valin
"Because the jury apportioned more than half the liability to the Port Authority, the plaintiffs’ principal lawyer, David Dean, said the agency will have to pay 100 percent of any damages for pain and suffering that might be awarded—so-called non-economic damages—as well as 100 percent of any economic damages, such as lost business. As it currently stands, explained Dean, lawyers for the plaintiffs are seeking an estimated $1.8 billion in alleged damages."

It's all about the money, a huge portion of which will be taken from taxpayers and deposited into the bank accounts of the lawyers. From there, a generous amount will find it's way back to the judge and his friends. And so it goes.

42 posted on 12/14/2005 7:56:59 AM PST by Lancey Howard
[ Post Reply | Private Reply | To 1 | View Replies]

To: BenLurkin
And where do you find lawyers so cynical and disrespectful of truth to make this kind of case?

That's the easy part

43 posted on 12/14/2005 8:00:46 AM PST by paul51 (11 September 2001 - Never forget)
[ Post Reply | Private Reply | To 4 | View Replies]

To: Valin
If you think this is big, just wait until Dickie Scruggs (Trent Lott's brother-in-law)and his cohorts get their lawsuits going over Katrina. Insurance companies, FEMA and anyone else with a few billion dollars that he can get 40% of.

Every disaster in this country is nothing more than a cash cow for ambulance chasers and their politician friends and relatives.
Oxymoron = attorney ethics
44 posted on 12/14/2005 8:02:07 AM PST by Long Distance Rider
[ Post Reply | Private Reply | To 1 | View Replies]

To: Amos the Prophet
Lawyers on both sides have become proficient at selecting jurors who show no intellectual activity, the dimmest bulbs in the box. There has got to be a better way to select a jury.

I spent 17 years as a legal assistant. I've spent longer than that as a computer nerd now. I've been called for jury duty 3 times. The questions go "what is your occupation?" "how long have done that?" "what did you do previously?" Then the attorney steps away and I'm returned to my seat. They simply do not want to have anyone on a jury that has any knowledge of the legal system. After three "at bats" the state sent me a letter notifying me that I was no longer considered part of the jury pool.

45 posted on 12/14/2005 8:04:43 AM PST by Roses0508 (Democracy does not guarantee equality of conditions - it only guarantees equality of opportunity.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: BenLurkin

This is the same logic that blames a woman's rape on her wearing a short skirt.


46 posted on 12/14/2005 8:08:23 AM PST by dblshot
[ Post Reply | Private Reply | To 2 | View Replies]

To: parsifal

You mean like with OJ?


47 posted on 12/14/2005 8:10:33 AM PST by traderrob6
[ Post Reply | Private Reply | To 41 | View Replies]

To: Valin

The way I see it, and the only way I see it, is that this completely absolves the left of any shred of common sense on their charges that President George W. Bush was wrong about what we've done in Iraq and what he should do elsewhere.


48 posted on 12/14/2005 8:11:11 AM PST by freema (Proud Marine Mom-What fools they are who doubt the ability of liberty to triumph over despotism)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Lancey Howard

Jerry Maguire justice


49 posted on 12/14/2005 8:12:40 AM PST by karnage
[ Post Reply | Private Reply | To 42 | View Replies]

To: BenLurkin
Did they import these jurors from L.A.?

Who do you think voted for Hillary Clinton and John Kerry?

50 posted on 12/14/2005 8:16:02 AM PST by <1/1,000,000th%
[ Post Reply | Private Reply | To 2 | View Replies]


Navigation: use the links below to view more comments.
first 1-5051-66 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson