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723 FEDERAL SUPPLEMENT, 2d SERIES
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 Hilda 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 Hilda 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 Hilda 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, Hilda 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, Hilda suffered the damages enumerated here.
The analysis detailed above regarding
awards to direct terror victims and relatives of victims is applicable to Hilda.
Like the rest of her family, Hilda 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
her family life and her relationship with
her parents and siblings. Accordingly,
Hilda is awarded $5,000,000 as compensatory damages. Defendants are jointly and
severally liable for the full amount of Hilda’s compensatory damages.
H.
Salvador Calderon–Martinez
Salvador Calderon–Martinez (‘‘Salvador’’) is a citizen of the United States
(Exhibit No. 38) and resides in Puerto
Rico. From the time of his father’s death,
Salvador 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.
Salvador is the oldest of three children
from Carmelo’s first marriage. (Trial
Transcript, Dec. 3, 2009, p. 62, ln. 7–8)
Salvador could not testify at trial because
he is 95 years old, is a diabetic with high
blood pressure and a weak heart, and
therefore does not leave home anymore.
(Trial Transcript, Dec. 3, 2009, p. 141, ln.
17–21)
Salvador stated in a written declaration
executed in November 2007 (Exhibit No.