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723 FEDERAL SUPPLEMENT, 2d SERIES
had on Pablo’s life. (Trial Transcript, p.
109, ln. 10–15)
constituted a threat to the public warranting an award of punitive damages; and
[8] As an American citizen, Pablo has a
direct cause of action under section 1605A.
Pablo is therefore entitled to the following
award for each of the following claims
enumerated in plaintiffs’ Complaint:
5. seventh claim for relief; namely (a)
The Lod Airport Attack and the ensuing
carnage caused plaintiffs fear and apprehension of harm and death, and actual
physical harm, and constituted assaults on
Pablo, (b) the Lod Airport Attack and
assaults on their persons, which were direct and proximate results of defendants’
actions, caused Pablo extreme mental anguish and actual physical injury and pain
and suffering.
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 Pablo and cause
him 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, 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 Pablo is
entitled to an award of punitive damages
against defendants;
4. sixth claim for relief; namely (a)
that the Lod Airport Attack constituted a
battery on the person of Pablo, (b) that the
Lod Airport Attack caused Pablo physical
and psychological injuries, extreme pain,
suffering and severe financial loss, including deprivation of present and future income, (c) that defendants’ actions were
willful, malicious, intentional, reckless, and
unlawful and were the proximate cause of
the Lod Airport Attack and the battery on
the person of Pablo, and the injuries plaintiffs suffered there, and (d) that defendants’ conduct was outrageous in the extreme, wanton, willful and malicious, and
The above analysis of case law regarding
the calculation of damages (for the harm
suffered, pain awards, etc.) applies as well
to Pablo. The Lod Airport Attack had a
horrendous impact on Pablo and his family, all in addition to having been subjected
to the JRA’s violent attack, being injured,
and having to deal with the murder of
several friends. While Pablo luckily escaped significant physical harm from the
shooting, he was reminded daily of coming
under fire himself and watching innocent
people be murdered. Pablo had been further victimized, as described above, by the
severe impact on his marriage and relationship with his children. Pablo, by way
of his estate, is therefore awarded
$15,000,000 as compensatory damages.
Defendants are jointly and severally liable
for the full amount of Pablo’s compensatory damages.
L.
Antonia Ramirez–Fiero
Antonia Ramirez–Fiero (‘‘Antonia’’) is a
citizen of the United States (Exhibit A to
Exhibit No. 47) and resides in Puerto Rico.
Although Antonia did not experience the
horror of the Lod Airport Attack directly,
she is a victim who has suffered almost as
much from its fallout as her husband Pablo
suffered. Angel testified at trial that the
Lod Airport Attack had very significant
affects on Antonia’s life. He said that
after the Lod Airport Attack, ‘‘she [Anto-