462
A.
723 FEDERAL SUPPLEMENT, 2d SERIES
Ruth Calderon–Cardona (individually)
Ruth Calderon–Cardona (‘‘Ruth’’) is a
citizen of the United States (Exhibit No.
36) and resides in Puerto Rico. (Trial
Transcript, Dec. 3, 2009, pp. 6–7) From the
time of her father’s death, Ruth 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.
Ruth testified that her childhood was
filled with happy memories of her father,
Carmelo. She said that he was a ‘‘very
good husband and father’’ and a member
of the church choir (Trial Transcript, Dec.
3, 2009, p. 11, ln. 9), and above all a ‘‘family
man.’’ (Trial Transcript, Dec. 3, 2009, p.
30, ln. 21) At night Carmelo would sit with
Ruth and her siblings on the porch and he
would teach them various songs and
poems, and recite them repeatedly with
patience until they were memorized (Trial
Transcript, Dec. 3, 2009, p. 10, ln. 16–19,
and 24–25).
Ruth remembers fondly that Carmelo
would take her smaller siblings on his lap
and would tell them all stories, sing songs,
and recite poems, all of which she and her
siblings still remember fondly. (Trial
Transcript, Dec. 3, 2009, p. 30, ln. 14–16)
Ruth testified that her family would
drive almost every week into the country
to visit extended family, from both her
father’s and mother’s sides of the family.
The whole family would take these trips
together. (Trial Transcript, Dec. 3, 2009,
p. 14, ln. 6–10) Carmelo had a close relationship with his wife’s immediate and extended family, and several cousins even
lived for a time in Carmelo and Eladia’s
home. (Trial Transcript, Dec. 3, 2009, p.
14, ln. 19–25)
Ruth stated that it was ‘‘his [Carmelo’s]
dream’’ to visit the Holy Land, and that he
was ‘‘very enthusiastic’’ about the trip.
(Trial Transcript, Dec. 3, 2009, p. 19, ln. 9–
16) She last spoke with her father when he
surprised her with a call from the airport
in New York while en route to Israel; she
remembers that this made her ‘‘very happy.’’ (Trial Transcript, Dec. 3, 2009, p. 20,
ln. 10–13) Due to the Lod Airport Attack,
this, unfortunately, was to be the last time
that Ruth spoke with her father. (Trial
Transcript, Dec. 3, 2009, p. 21, ln. 1)
Ruth was at work when she received a
call from her brother-in-law in Puerto
Rico, and learned of the terrible news that
her father had been brutally murdered.
She fainted. (Trial Transcript, Dec. 3,
2009, p. 22, ln. 24) Soon thereafter, Ruth
met her sister Luz (who had flown in from
California) at the airport in New York, and
they continued together to Puerto Rico.
She described Luz as being ‘‘devastated.’’
(Trial Transcript, Dec. 3, 2009, p. 24, ln.
10) Once in Puerto Rico, the week-long
wait for her father’s body to return for
burial was ‘‘just terrible’’ (Trial Transcript,
Dec. 3, 2009, p. 25, ln. 25) and ‘‘devastating.’’ (Trial Transcript, Dec. 3, 2009, p. 26,
ln. 11) Her mother, Eladia was heavily
sedated during this time. (Trial Transcript, Dec. 3, 2009, p. 24, ln. 25) as well as
for quite some time thereafter.
Ruth testified that since the time of
Carmelo’s burial, for the last 37 years, she
and her siblings have taken turns to visit
his grave regularly. Someone makes the
trip roughly every two months to clean
Carmelo’s grave of plants and to otherwise
pay their respects. (Trial Transcript, Dec.
3, 2009, p. 30, ln. 2–12) Ruth stated that
the death of her father has affected her
and her siblings ‘‘tremendously.’’ (Trial
Transcript, Dec. 3, 2009, p. 30, ln. 22)
[5] As an American citizen, Ruth has a
direct cause of action under section 1605A.
She has suffered in many ways from the
Lod Airport Attack. Her family life has
been permanently disrupted and her child-