A civil lawsuit has been filed against the leadership of the city of New Orleans, as well as private companies that consulted the city about safety planning in the French Quarter, by people affected by the New Year’s terrorist attack on Bourbon Street, for negligence.
The terrorist killed 14 and injured 57 others when he rammed a Ford F-150 through crowds. Police then killed him.
Romanucci & Blandin, a mass disaster law firm that has represented the victims in numerous recent mass casualty attacks and events, partnered with New Orleans-based law firm Maples & Connick LLC in filing the suit, alleging that the attack was both predictable and preventable.
Maples & Connick partner Aaron Maples said in a statement, “New Orleans is forever changed by this tragedy, and we’ve seen countless people now alter their behavior and avoid Bourbon Street and even the City itself out of fear for their physical safety. Further, it’s impossible to quantify how many people now suffer crippling depression, anxiety and nightmares from what they saw and heard during that attack. It is impossible to quantify this tragedy's astounding impact on our community.”
One of the 21 plaintiffs includes Antoinette Klima, whose son's father, Reggie Hunter, was killed in the attack.
“On New Year’s Day, I received the heartbreaking call that Reggie did not survive. Telling our son that his father was gone was the hardest thing I’ve ever had to do. And I’ve been through a lot in my life—surviving Hurricane Katrina, losing loved ones, and even wading through floodwaters to save my grandfather. But nothing, nothing compares to the pain of losing Reggie and having to break that news to our son,” Klima said in a statement, adding that her son’s first birthday was marked “without his father.”
“It’s been an incredibly tough time. Our son has been robbed of so many milestones—a father’s presence at his first dance, his first kiss, learning to drive, graduating, getting married. The list of what he’s missing is endless. I don’t know if the pain will ever fully go away. People say it gets easier, but I’m not sure. What I do know is that we must find a way to move forward. We must find accountability, seek justice, and work to ensure that no child ever has to suffer like this again due to senseless violence,” Klima continued.
Survivor Leo Spadoni said in a statement, “[B]efore that fateful night on New Year's in New Orleans, I was filled with hope and optimism about our city’s future. I felt secure and looked forward to each day, appreciating the vibrant community around me. That moment changed everything. In an instant, my sense of safety was shattered. The joy I once felt was replaced by a pervasive fear. The city that I once loved and felt a part of now feels like a place of danger and dread. This fear has made me apprehensive about venturing out and living a fulfilling life of enjoyment.”
Another survivor, Daniel Ortega, said that he had “never been a person to travel away from home to experience New Year’s Eve in a popular location until this particular year” since he “always feared large groups of people, especially on special occasions.”
“This tragic event has affected me in a way that it stays on my mind every day: morning, noon, and night. I have continuous flashbacks every day, and I no longer want to be in large crowds or events," said Keith Eldridge, who was celebrating his 60th birthday in New Orleans when the attack happened. “I don’t think I will ever visit Bourbon Street again, let alone New Orleans. The safety protocols that were in place were not sufficient barriers to protect people, but I truly hope all responsible will learn a lesson and keep it from ever happening again.”
The defendants include the city of New Orleans, the New Orleans Police Department, French Quarter Management District, Mott MacDonald LLC, and Hard Rock Construction LLC.
The city allegedly “deviated” from its own original plans for both New Year's Eve and the Super Bowl when it decided in November to replace bollards. Officials had installed a temporary barrier where Bourbon Street and Canal Street meet to prevent vehicles from entering the busy tourist area. However, the temporary barrier was set down instead of up at the time of the attack, according to local business owners and employees.
New Orleans had been examining improved safety measures for the French Quarter for approximately a decade.
The lawsuit states that, “[F]ollowing the deadly Bastille Day attack in Nice, France, on July 14, 2016, in which a driver drove a box truck on the Promenade des Anglais, killing 86 and injuring 434 others, major city centers all around the world, including New Orleans, were placed on alert for copycat attacks. To prepare against this type of attack, New Orleans utilized $40 million in taxpayer money to purchase and install the equipment needed to keep its residents and visitors safe.
“Despite years of preparation and warnings of motor vehicle-based attacks, New Orleans officials and their hired consultants and contractors recklessly and willfully put the New Year’s celebrants at risk by focusing reconstruction of safety systems to be ready for the Super Bowl at the expense of New Year’s Eve and the Sugar Bowl.
“The City deviated from its own public safety plan for New Year's Eve and the Sugar Bowl, a decision that completely exposed Bourbon Street to just the type of attack they were warned to take all reasonable precautions to stop.”