484
723 FEDERAL SUPPLEMENT, 2d SERIES
Dr. Ramos testified at trial that as a
result of the Lod Airport Attack and its
effects on Pablo, Antonia has struggled
with depression and anxiety. (Trial Transcript, Dec. 3, 2009, p. 112, ln. 3–8) Dr.
Ramos diagnosed Antonia with a Depressive Anxious Disorder and gave her a
Global Assessment Functioning Scale
score of 50 (Id., at ln. 10–11), which indicates ‘‘serious symptoms and serious impairment.’’ (Id., at ln. 24–25) Dr. Ramos
stated that Antonia was ‘‘very fragile, not
only physically but emotionally.’’ (Trial
Transcript, Dec. 3, 2009, p. 127, ln. 1–2)
[9] As an American citizen, Antonia
has a direct cause of action under section
1605A. Antonia is therefore entitled to
the following awards 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 Antonia 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;
and
3. fifth claim for relief; namely, 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 Antonia
is entitled to an award of punitive damages
against defendants;
Angel.
(Trial Transcript, Dec. 3, 2009, pp.
The analysis detailed above regarding
awards to direct terror victims and relatives of victims applies to Antonia as well.
Antonia has been harmed on many levels
by the Lod Airport Attack. She has lost
the benefit of a strong and loving husband,
suffers the trauma of the JRA’s injuring of
her husband, and endures the daily disruption to her family life and her relationship
with her husband. After the Lod Airport
Attack she has had to attend daily to
Pablo’s deteriorating state of mind, and
she herself has become permanently depressed and disabled. Her family life and
marriage will never be the same and are
forever impacted by Pablo’s and her ongoing disabilities. Accordingly, Antonia is
awarded $10,000,000 as compensatory
damages. Defendants are jointly and severally liable for the full amount of Antonia’s compensatory damages.
Punitive Damages
In numerous previous civil terrorism
cases tried under FSIA, federal courts
have awarded punitive damages in order to
punish defendants, and as a means of deterring future terrorist acts. Typically,
courts have imposed punitive damage of
three times of a state sponsor’s annual
budget for the export of terrorism. Acosta v. The Islamic Republic of Iran, 574
F.Supp.2d 15, 31 (D.D.C.2008), Bodoff v.
Islamic Republic of Iran, 424 F.Supp.2d
74, 89 (D.D.C.2006); Stern v. Islamic Republic of Iran, 271 F.Supp.2d 286, 301
(D.D.C.2003); Cronin v. Islamic Republic
of Iran, 238 F.Supp.2d 222, 235–36 (D.D.C.
2002), abrogated on other grounds by Cicippio–Puleo v. Islamic Republic of Iran,
353 F.3d 1024 (D.C.Cir.2004); Eisenfeld v.
Islamic Republic of Iran, 172 F.Supp.2d 1,
9 (D.D.C.2000).
[10] North Korea’s demonstrated and
well-known policy to encourage, support
105–106)