A state appeals court was unconvinced by the Port Authority's arguments and upheld a ruling that leaves the agency 68% liable for the 1993 World Trade Center bombing.
In 2005, a State Supreme Court jury ruled the Port Authority's liability at 68%, with terrorists being liable for 32%. And since the PA was more than 50% liable, it would have to pay 100% of the lawsuits. The PA appealed, finding the decision "bizarre" and questioning why the agency would be more than twice as responsible as the terrorists. Of course, there was that 1985 PA memo outlining concerns about the parking garage - complete with recommendation that the garage be closed to the public (the terrorists drove in an explosive-packed van).
The Appeal Court found the Port Authority essentially disregarded "“an extreme and potentially catastrophic vulnerability that would have been open and obvious to any terrorist who cared to investigate and exploit it.” And the NY Times reports this was the first time "a body of judges, versed in the nuances of the law and legal precedent as well as the evidence, had ruled on a seminal moment in New York history."
