A major piece of evidence considered by the jury, noted by the trial court and specifically cited by the Appeals Court in affirming the verdict were reports commissioned by the Port Authority which “detail(ed) with exact prescience, the manner by which” terrorists could gain entry to the unguarded underground garage to one of the towers. It turned out that the reports warning of the garage’s vulnerability, including one by Scotland Yard, fell between the cracks. In upholding the jury verdict the trial court made mention of the fact that the Port Authority director did not even know about the reporting until after the attack.
The Court said that its affirmance did not “absolve” the terrorists of blame explaining that while “[t]errorism has for decades posed a dire threat to ordered life in free and open societies…its spectre cannot justify the view that performance of the duties that we have traditionally relied upon as essential to the preservation of our society may generally be excused as futile.” The Court also rejected the Port Authority’s argument that it only had to take “minimal” precaution to guard against an attack given the potentially “monstrous” risk that such an attack would occur.
The lead trial lawyer for all the plaintiffs, including not only the death and injury cases, but a large number of property damage claims as well was David J. Dean, a partner at the New York (and New Jersey) law firm of Sullivan Papain Block McGrath & Cannavo, PC.
Mr. Dean’s efforts were lauded by all who were involved in the case. It was decided early on when the multitude of plaintiff’s lawyers became acquainted with David’s trial skills that instead of having different lawyers handle different aspects of the trial that David should handle openings, direct examinations, cross-examinations and closings. David was so effective that one lawyer quipped that it was a good thing he did not represent the terrorists.
The cases that the Port Authority has not so far settled are being readied for trial. Given Mr. Dean’s effectiveness at the first trial this probably means more packed courtrooms when the damage trials get started.