470
723 FEDERAL SUPPLEMENT, 2d SERIES
and resides in Puerto Rico. From the time
of his father’s death, Jose experienced
emotional pain and suffering, loss of his
father’s society, companionship, comfort,
advice and counsel and has suffered severe
mental anguish and extreme emotional distress.
Jose testified at trial that Carmelo was
‘‘a very loving father’’ with whom he had a
‘‘very good’’ relationship. (Trial Transcript, Dec. 3, 2009, p. 69, ln. 13, 21) Jose
stated that Carmelo would spend time with
him and his siblings teaching them about
his profession, and they would sometimes
go to work with him. (Trial Transcript,
Dec. 3, 2009, p. 69, ln. 13–16)
Once Jose was married, he would even
see his parents every Saturday, when the
entire family would converge on their
childhood home. The family would also all
get together on every holiday. (Trial
Transcript, Dec. 3, 2009, p. 70, ln. 4–10)
Jose testified at trial that when he heard
that his father had been murdered, he felt
as if his ‘‘world [had] ended’’ (Trial Transcript, Dec. 3, 2009, p. 71, ln. 23) and went
straight to his parents’ house to see his
mother. (Trial Transcript, Dec. 3, 2009, p.
72, ln. 6) He wore dark glasses at Carmelo’s funeral because he didn’t want anybody to see that he was crying. (Trial
Transcript, Dec. 3, 2009, p. 73, ln. 1–5)
Jose said that the first Christmas after
his father was murdered was a very sad
occasion, and that ‘‘[i]t wasn’t the same.
We were missing the cornerstone of our
family [Carmelo].’’ (Trial Transcript, Dec.
3, 2009, pp. 73–74) Jose said that he thinks
of his father in particular on the anniversary of his murder and on all of the holidays
when the family used to converge on their
parents’ home. (Trial Transcript, Dec. 3,
2009, p. 74, ln. 17–20) Jose said that he
feels ‘‘very sorry’’ that his child never had
a chance to meet his grandfather, Carmelo. (Trial Transcript, Dec. 3, 2009, p. 74,
ln. 24–25)
When asked about how he felt when
viewing pictures of the Lod Airport Attack
during the trial, Jose testified ‘‘I felt immense pain within me because I was thinking of what was—what went through his
mind? What was happening? If he saw
the bullets? If he died quickly? If it took
him time to die? You know.’’ (Trial Transcript, Dec. 3, 2009, p. 75, ln. 2–9)
As an American citizen, Jose 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. Jose is therefore
entitled to the following award for 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 Jose 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 Jose 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,