472
723 FEDERAL SUPPLEMENT, 2d SERIES
40, ln. 6–9). When Ana saw her father’s
body at his funeral, all she was able to do
was ‘‘cry, cry, and cry and cry.’’ (Trial
Transcript, Dec. 3, 2009, p. 40, ln. 21)
Ana does not feel, 37 years after Carmelo’s murder, that she has been able to
overcome his loss. As she testified, ‘‘[i]t’s
too strong a pain TTT But [it’s] strong.
It’s always strong.’’ (Trial Transcript,
Dec. 3, 2009, p. 41, ln. 19–22)
When asked at trial whether there was
anything more she wanted to tell the
Court about her loss, Ana said, ‘‘May God
forgive the ones who did this. And—Well,
and I wouldn’t want anybody, anybody in
the world to suffer or to go through what
we went—what his daughters had to go
through.’’ (Trial Transcript, Dec. 3, 2009,
p. 42, ln. 8–10)
As an American citizen, Ana has a direct
cause of action under section 1605A. She
has suffered in many ways from the attack. Her family life has been permanently disrupted and her childhood and past
relationship with her parents and siblings
has been marred. Ana 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 Ana 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 Ana to be deprived of the services,
society and solatium of her deceased father, 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 Ana 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,
Ana 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, Ana suffered the damages enumerated here.
The analysis detailed above regarding
awards to direct terror victims and relatives of victims is applicable to Ana. Like
the rest of her family, Ana has been
harmed on many levels by the Lod Airport
Attack. She lost a loving and devoted
father, witnessed her mother become permanently depressed and disabled, suffers
the trauma of the JRA’s murder of her
father, and endures the daily disruption to