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Dead Constitution See other Dead Constitution Articles Title: 9/11 suit tossed (right to sue waived by taking 9/11 funds) Can't blame city, Motorola for faulty radios: top court DAILY NEWS STAFF WRITER The U.S. Supreme Court yesterday upheld a ruling that families of firefighters killed at the World Trade Center cannot sue the city and Motorola over allegedly faulty radios used on 9/11. The high court backed an earlier decision that the families waived their right to file a lawsuit because they had accepted money from the federal September 11th Victim Compensation Fund. The ruling infuriated relatives of the slain Bravest. "The justice system has turned a blind eye," said Rosaleen Tallon, whose brother, Sean Tallon, 26, died when Tower 1 collapsed. "It's very disappointing and frustrating." More than a dozen victims' families filed the suit in early 2002 amid charges that the Motorola radios the firefighters carried into the twin towers did not work in the skyscrapers - meaning firefighters missed evacuation orders that might have saved their lives. After the 2nd Circuit Court of Appeals rejected the case last year, the families - armed with supporting briefs written by Reps. Henry Hyde (R.-Ill.) and Carolyn Maloney (D-Manhattan) - brought it to the Supreme Court, which declined to hear it. "There is no doubt that wrong has been done here," said Tallon, 34, whose brother was a probationary firefighter at Ladder 10, based just across the street from the Trade Center. The average award made to families by the September 11th Victim Compensation Fund was a tax-free $2.1 million. Recipients were required to waive their right to file civil lawsuits relating to the tragedy. When the fund was set up, the federal government was especially concerned that legal action would bankrupt the airline industry. The disappointed families are now considering funding a private investigation into the faulty radios in an effort to focus national attention on the issue, said their lawyers, Richard Salem of Tampa and Eric Lieberman of New York, yesterday. Motorola, which argued that the communication issues were caused by problems with repeaters in the 110-story towers, expressed its condolences to the grieving families while celebrating the court's decision. "The ruling speaks for itself," said Steve Gorecki, company spokesman. "We feel the Supreme Court appropriately decided not to review the dismissal of the case," said Kenneth Becker, chief of the World Trade Center unit at the city Law Department.
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