CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)
er. (Trial Transcript, Dec. 2, 2009, pp.
161–162)
When asked at trial what she thought of
when she viewed pictures of her father in
court, Gloria replied ‘‘The day that my
father died.’’ (Trial Transcript, Dec. 2,
2009, p. 163, ln. 19) When asked how she
felt, Gloria simply replied ‘‘destroyed.’’
(Trial Transcript, Dec. 2, 2009, p. 163, ln.
21)
As an American citizen, Gloria has a
direct cause of action under section 1605A.
She has suffered in many ways from the
attack. Her family life has been permanently disrupted and her childhood and
past relationship with her parents and siblings has been marred. Gloria is therefore
entitled to the following award for each of
the following claims enumerated 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 Gloria and cause
her severe emotional distress, (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 Gloria 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 pub-
469
lic at large, and therefore Gloria 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,
Gloria suffered the damages enumerated
here; and
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, Gloria suffered the damages enumerated here.
The analysis detailed above regarding
awards to direct terror victims and relatives of victims is applicable to Gloria.
Like the rest of her family, Gloria 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, Gloria is awarded $5,000,000 as compensatory damages. Defendants are jointly and severally liable for the full amount
of Gloria’s compensatory damages.
E.
Jose Raul Calderon–Cardona
Jose Calderon–Cardona (‘‘Jose’’) is a citizen of the United States (Exhibit No. 33)