Massport dismissed from 9/11 suit

His ruling marked the first time that a judge has ruled that Logan should not be considered liable for security lapses. It relieved other airport operators who supported Massport’s contention that a ruling in favor of the plaintiffs would upend the rules of aviation security policy.

David S. Mackey, Massport’s interim chief executive and longtime legal counsel, who was in court to hear the oral arguments, expressed relief at the ruling. He also had words of sympathy for the family of victim Mark Bavis who brought the suit.

“The entire Logan Airport community will forever carry in its heart the events of 9/11,’’ Mackey said in a statement he read inside the courtroom. “Our thoughts and prayers will always be with the victims of that tragic day and their families.’’

The ruling was a blow to the family of Bavis, 31, a hockey scout who died on Sept. 11 and whose family had refused to negotiate toward a settlement, hoping to hold Massport and others accountable for the tragedy.

“We felt strongly that common sense and reason should prevail that they were a party that could have prevented this,’’ the victim’s twin brother, Michael Bavis, said after the hearing. “The judge has made his decision, which we will respect.’’

The judge, who has overseen cases brought by other families of Sept. 11 victims, also castigated the Bavis’s lawyer for making assertions that he said were not supported in the record.

The lawyer, Mary Schiavo, had suggested in court that the Federal Aviation Administration had warned Massport about screening failures and that United Airline’s contracted security company, Huntleigh USA, had a bad record.

When pressed to cite her evidence, Schiavo pointed to numerous documents that the judge said were not relevant. That prompted a stern and prolonged scolding from Hellerstein, who asked her how long she had been an attorney and told her she should know better.

“Don’t ever do that again, Ms. Schiavo,’’ he said. “Don’t ever do that again. Because I will sit you down so fast you won’t even catch your breath.’’