478
723 FEDERAL SUPPLEMENT, 2d SERIES
No. 35) and resident of Puerto Rico on
May 30, 1972. He died in 1982. (Exhibit
No. 40) Miguel was a police officer who
was killed in the line of duty while attempting to thwart a robbery. (Trial
Transcript, Dec. 3, 2009, p. 65, ln. 10–17)
Prior to his death, Miguel experienced
emotional pain and suffering, loss of his
father’s society, companionship, comfort,
advice and counsel and had suffered severe
mental anguish and extreme emotional distress.
Hilda testified at trial that the death of
Carmelo affected Miguel the most of all
the children, because he was the youngest
and at that time was still living at home
with Carmelo and Eladia. (Trial Transcript, Dec. 3, 2009, p. 52, ln. 2–6) Hilda
described Miguel as a ‘‘very happy’’ person
prior to the Lod Airport Attack. She said
that Miguel ‘‘was the one that would bring
life to the parties TTT he was the one that
sort of would give life to the house. And
after that [the Lod Airport Attack], well,
he wasn’t the same. After it, he wasn’t
the same.’’ (Trial Transcript, Dec. 3, 2009,
p. 52, ln. 7–11)
Luz testified at trial that Miguel’s relationship with Carmelo was ‘‘very good,’’
and that he reacted to his father’s murder
‘‘how we all reacted, with a lot of pain and
sadness.’’ (Trial Transcript, Dec. 3, 2009,
p. 70, ln. 16–21)
[7] Because Miguel was an American
citizen, his Estate has a direct cause of
action under section 1605A. Miguel suffered in many ways from the attack. His
family life was permanently disrupted and
his childhood and past relationship with his
parents and siblings were marred. Miguel’s Estate is therefore entitled to the following award under 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 Miguel 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, (a)
that the murder of Carmelo by the JRA
caused Miguel 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 Miguel 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, Miguel 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