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723 FEDERAL SUPPLEMENT, 2d SERIES
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, Salvador 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, Salvador suffered the damages enumerated here.
The analysis detailed above regarding
awards to direct terror victims and relatives of victims is applicable to Salvador.
Like the rest of his family, Salvador has
been harmed on many levels by the Lod
Airport Attack. He lost a loving and devoted father, suffers the trauma of the
JRA’s murder of his father, and endures
the daily disruption to his family life and
his relationship with his parents, siblings
and half-siblings. Accordingly, Salvador is
awarded $5,000,000 as compensatory damages. Defendants are jointly and severally
liable for the full amount of Salvador’s
compensatory damages.
I.
The Estates of Carmelo Calderon–
Molina and Eladia Cardona–Rosario
Although Carmelo’s estate is named as a
plaintiff in this action, it appears that he
did not experience any conscious pain before dying. Nor did Carmelo, who was
retired at the time of his murder, suffer a
loss of future income.
Accordingly, plaintiffs have not sought
an award of damages for Carmelo’s estate.
By contrast, Carmelo’s murder caused
his wife, Eladia severe compensable harm.
The relationship between Carmelo and
Eladia was ‘‘[v]ery good.’’ (Trial Transcript, Dec. 3, 2009, p. 11, ln. 7–9). Carmelo and Eladia had a loving marriage.
(Declaration of Luis Calderon–Cardona,
Exhibit No. 26, at ¶ 6.) The news of Carmelo’s death caused Eladia such severe
anguish that she had to be continuously
and heavily sedated for approximately a
week after the murder as well as during
the funeral, out of concern that, due to the
condition of her heart and blood pressure,
her life was in danger. (Id. at p. 24, ln.
17–25; p. 38, ln. 24–p. 39, ln. 5; p. 40, ln.
3–10; p. 46 ln. 24–p. 47, ln. 3; p. 49, ln. 1–
5; p. 60, ln. 20–p. 61. ln. 1; Declaration of
Ruth Calderon–Cardona, Exhibit No. 27,
at ¶ 17; Declaration of Luz Calderon–Cardona, Exhibit No. 28, at ¶¶ 7–8) The loss of
her husband was ‘‘monumental’’ (Exhibit
No. 28 at ¶ 13) and affected Eladia ‘‘tremendously’’ (Trial Transcript, Dec. 3, 2009
at p. 29, ln. 13–17), and she was continuously sad for an extended period after the
murder, particularly whenever Carmelo
would be mentioned. (Id. at p. 50, ln. 8–
18). Eladia suffered particularly at night,
and experienced frequent nightmares in
which Carmelo appeared to her. (Exhibit
No. 28 at ¶ 13) After the murder, Eladia
became heavily dependant on her children.
(Exhibit No. 27 at ¶ 26; Exhibit No. 28 at
¶ 12)
[6] As an American citizen, Eladia’s
estate has a direct cause of action under
section 1605A. Eladia’s estate 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