CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)
hood and past relationship with her mother and siblings has been marred. Ruth is
therefore entitled to the following award
for each of the following claims set forth in
plaintiffs’ Complaint:
1. first claim for relief (for damages
under 28 U.S.C. § 1605A(c)); namely, that
defendants provided material support and
resources which caused and facilitated the
Lod Airport Attack;
2. fourth claim for relief; namely, that
defendants’ behavior (a) was intended to
and did in fact terrorize Ruth and cause
her severe emotional distress, and (b) was
willful, outrageous, egregious, and dangerous to human life, and violated applicable
criminal law, all international standards of
civilized human conduct and common decency, and (c) was outrageous in the extreme, wanton, willful and malicious, and
constituted a threat to the public at large,
warranting an award of punitive damages;
3. fifth claim for relief; namely, (a)
that the murder of Carmelo by the JRA
caused Ruth to be deprived of the services,
society and solatium of her deceased father, and to suffer severe mental anguish,
bereavement and grief, and injury to her
feelings, and (b) that defendants’ conduct
as specified here was outrageous in the
extreme, wanton, willful and malicious, and
constituted a threat to the public at large,
and therefore Ruth is entitled to an award
of punitive damages against defendants;
4. eighth claim for relief; namely, that
defendants knowingly and willingly conspired, planned and agreed to sponsor and
provide material support and resources for
the commission of acts of extrajudicial killing by terrorist organizations, including
the attack at the airport in which Carmelo
was killed, and as a result and by reason of
the death of Carmelo, which was caused by
defendants’ conspiracy described here,
Ruth suffered the damages enumerated
here; and
463
5. ninth claim for relief; namely, that
defendants knowingly and willingly carried
out tortious acts in concert with others
pursuant to a common design, which resulted in extrajudicial killings by terrorist
organizations, including the Lod Airport
Attack at the airport in which Carmelo
was killed and, as a result and by reason of
the death of Carmelo, which was caused by
defendants’ aiding and abetting described
here, Ruth suffered the damages enumerated here.
The analysis detailed above regarding
awards to direct terror victims and relatives of victims applies to Ruth. Like the
rest of her family, Ruth has been harmed
on many levels by the Lod Airport Attack.
She lost a loving and devoted father, witnessed her mother become permanently
depressed and disabled, suffers the trauma
of the JRA’s murder of her father, and
endures the daily disruption to her family
life and her relationship with her parents
and siblings. Accordingly, Ruth is awarded $5,000,000 as compensatory damages.
Defendants are jointly and severally liable
for the full amount of Ruth’s compensatory
damages.
B.
Luz Calderon–Cardona
Luz Calderon–Cardona (‘‘Luz’’) is a citizen of the United States (Exhibit No. 37)
and resides in Puerto Rico. (Trial Transcript, Dec. 3, 2009, p. 65, ln. 20–24) From
the time of her father’s death, Luz has
experienced emotional pain and suffering,
loss of her father’s society, companionship,
comfort, advice and counsel and has suffered severe mental anguish and extreme
emotional distress.
Luz testified that she has extremely
fond memories of her childhood, especially
time spent with her father, Carmelo. She
stated that Carmelo would buy her and
her siblings bats and gloves and teach
them to play baseball (Trial Transcript,