In the Matter of World Trade Center Bombing Litigation. Steering Committee v. The Port Authority of New York and New JerseyAnnotate this Case
This appeal involved litigation that arose from the 1993 terrorist bombing incident in the parking garage of the World Trade Center complex (WTC). At issue was whether the Port Authority of New York and New Jersey (Port Authority) was performing a governmental or proprietary function in its provision of security at the premises. And if the Port Authority was engaged in such a governmental function, whether it exercised discretion in its security decision-making to entitle it to the common-law defense of governmental immunity. The court held that, pursuant to the court's precedents, the provision of security for the benefit of a greater populace involved the allocation of police resources and constituted the performance of a governmental function. The court also held that the governmental immunity doctrine required it to find that the Port Authority was insulated from tortious liability where the court afforded deference to the exercise of discretion by the officials of municipalities and governmental entities.