CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)
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 Eladia 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 Eladia to be deprived of the services, society and solatium of her husband,
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 Eladia’s estate 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,
Eladia 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
477
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, Eladia suffered the damages enumerated here.
The analysis detailed above regarding
awards to direct terror victims and relatives of victims is applicable to Eladia.
Like the rest of her family, Eladia was
harmed on many levels by the Lod Airport
Attack. She lost a loving and devoted
husband, suffered the trauma of the JRA’s
murder of her husband, and endured severe grief.
Under the ‘‘general framework for compensatory awards for family members of
victims who were killed as a result of
terrorist activity’’ established by the federal courts, spouses of such victims are typically awarded $8 million. Acosta, 574
F.Supp.2d at 29.
This Court finds no reason to depart
from this formula.
Accordingly, Eladia’s estate is awarded
$8,000,000 as compensatory damages. Defendants are jointly and severally liable for
the full amount of Eladia’s compensatory
damages.
Ruth Calderon–Cardona is a citizen of
the United States (Exhibit No. 36) and has
been identified as responsible for the estates of Carmelo Calderon–Molina and
Eladia Cardona–Rosario in this matter.
Therefore, the award to Eladia’s estate set
forth above shall be made to Ruth Calderon–Cardona, in Ruth’s capacity as the personal representative of Eladia’s estate, to
be distributed equally among the members
of Eladia’s estate.
J.
Angel Calderon–Guzman and Miguel
Calderon–Guzman on behalf of the
Estate of their Father, Miguel Calderon–Cardona
Miguel Calderon–Cardona (‘‘Miguel’’)
was a citizen of the United States (Exhibit