NY must answer Sept. 11 cleanup damage claims -judge
17 Oct 2006 23:27:46 GMT Source: Reuters
By Matthew Verrinder NEW YORK, Oct 17 (Reuters) - Claims brought by 3,000 emergency workers who sued New York City over health damages caused from the cleanup after the Sept. 11 attacks can move forward, a U.S. federal judge ruled on Tuesday. The World Trade Center recovery workers sued the city, the Port Authority of New York and New Jersey and hundreds of city contractors in 2003. They claimed they lacked proper breathing equipment to combat the toxic air during the 10-month cleanup, and that their lungs were permanently damaged as a result. The city and the Port Authority have argued that they are immune from negligence suits when responding to terror attacks and filed motions to have the suit dismissed. In his opinion, U.S. District Judge Alvin Hellerstein said that while the city and the agency are provided immunity under U.S. state and federal law, the degree varied "according to date, place and activity" and more information was needed to determine their level of responsibility. The judge added even if only a few plaintiffs "suffered serious injuries to their respiratory tracts arising from the acrid air of September 11, their claims deserve to be heard when a recovery could make a difference in their lives." Hellerstein dismissed claims against power company Con Edison and developer Silverstein Properties, which were named as defendants because they were leaseholders on the Ground Zero site. There was "no credible evidence" they had access to the site in the weeks after the attacks and were "barred from re-entry without express approval by the city," Hellerstein said. Michael Cardozo, a lawyer for the city, said the workers' claims were unfounded. "Complex decisions that were carefully and thoughtfully made during the months after 9/11 will demonstrate the enormous good work done by the City and its contractors, and the absence of any legal liabilities," he said.
