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723 FEDERAL SUPPLEMENT, 2d SERIES
Regarding Carmelo’s death, Luis said
that ‘‘I know that my father was killed by
terrorists years ago. Knowing this makes
the loss of my father even more painful.
Thinking of my father dying a violent
death fills me with deep sadness.’’ (Exhibit No. 26, ¶ 4)
Luis concluded his written declaration
by stating, ‘‘I know I will never fully understand how and why my father was murdered by the terrorists. That, too, adds to
the distress I feel. Whether in the church
choir or other instances, I will never get
back the years we would have had together. I feel robbed of my father’s love and
companionship which is incredibly unfair.
Those chances to share our lives were cut
short when he was killed. My loss is for a
lifetime.’’ (Exhibit No. 26, ¶ 9)
As an American citizen, Luis has a direct cause of action under section 1605A.
He has suffered in many ways from the
attack. His family life has been permanently disrupted and his childhood and
past relationship with his parents and siblings has been marred. And furthermore,
due to his injuries resulting from a serious
car accident (which affected his memory),
Luis had to suffer the excruciating emotional pain of dealing with the loss of his
father for a second time. Luis 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 Luis and cause
him severe emotional distress, and (b) was
willful, outrageous, egregious, and dangerous to human life, and violated applicable
criminal law, all international standards of
civilized human conduct and common de-
cency, 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 Luis to be deprived of the services,
society and solatium of his deceased father, and to suffer severe mental anguish,
bereavement and grief, and injury to his
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 Luis 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,
Luis 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, Luis suffered the damages enumerated here.
The analysis detailed above regarding
awards to direct terror victims and relatives of victims is applicable to Luis. Like
the rest of his family, Luis has been
harmed on many levels by the Lod Airport
Attack. He lost a loving and devoted fa-