Bovis Lend Lease and a number of other parties have appealed against the limited immunity decision handed down by United States Federal Court in relation to the World Trade Center litigation.
Lend Lease said while the defendants to the WTC litigation were pleased with the October 17, 2006 decision of the US Federal Court recognising that the State and Federal laws that provide immunity do protect the defendants against suit, the defendants have appealed against the decision on the basis that the Court should have granted the motion as presented.
The court action began on June 08, 2006 when emergency services personnel and other workers working at the WTC alleged personal injuries and other damages.
Bovis Lend Lease and the defendants were appointed by the US Government to clean-up the WTC site following the events of September 11, 2001.
On June 08, 2006, a motion was brought on the basis that the defendants responded to a civic emergency and in that context should be immune from liability under applicable US laws.
The immunity motion was heard by Judge Alvin K Hellerstein of the US Federal Court for the Southern District of New York on 22 and 26 June 2006, and a decision was issued on October 17, 2006.
Judge Hellerstein held that “the Defendants are benefited by limited immunity, limited according to time and activity”.
However, the Court denied the defendants’ motion, concluding that such issues are “fact-intensive” questions which are “unsuitable for resolution by motion”.
Judge Hellerstein stated that the Court would need to assess further evidence before it could determine the extent to which the immunity laws are applicable to the claims.
To establish any liability on the part of Bovis Lend Lease, the claimants must prove that Bovis Lend Lease owed them a duty of care, breached that duty and that their injuries were caused by the conduct of Bovis Lend Lease.
The litigation will therefore need to proceed through a number of stages before any liability can attach to Bovis Lend Lease.
During the appeal, the claims by workers involved in the clean-up will remain before Judge Hellerstein.
Bovis Lend Lease is one of the beneficiaries of the $US1 billion captive insurance policy established by the US Congress to protect the City of New York and its contractors against liabilities that may arise out of the WTC site clean-up.
Bovis Lend Lease also has the benefit of other relevant insurance.
To date, approximately 1,900 plaintiffs have complied with the Court’s guidelines. This number is expected to increase because the number of plaintiffs who originally brought claims naming Bovis Lend Lease in the WTC litigation was approximately 10,000.
By Kathryn O’Meara
