CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)
29) that he maintained a ‘‘close relationship’’ with his father throughout his life
but also remained ‘‘very connected’’ with
his siblings and half-siblings. He stated
that Carmelo was a ‘‘strong force’’ in his
life. (Exhibit No. 29, ¶ 3)
Salvador said that Carmelo ‘‘helped create the solid core of our family. We all
respected and admired him. His opinion
mattered a lot to me and my siblings. He
loved and respected us all, and we loved
and respected him.’’ (Exhibit No. 20, ¶ 4)
Regarding the Lod Airport Attack, Salvador stated, ‘‘Finally, we received the terrible confirmation that our father was truly dead. It was truly one of the saddest
days of my life. Suddenly, I had no father. My life was forever changed. I
wondered how I could go on without him.’’
(Exhibit No. 29, ¶ 8)
It is very difficult for Salvador to think
about his father’s murder. He said that
‘‘the fact that my father was killed is always with me. Losing my father so suddenly and in such a cruel way has always
been difficult to cope with. It is something I have never gotten over.’’ (Exhibit
No. 29, ¶ 13)
At trial Luz testified that Salvador was
very close to Carmelo and all of the siblings from Carmelo’s second marriage.
Salvador lived in New York for some time,
but when he moved back to Puerto Rico he
‘‘would always visit my Dad [Carmelo] at
home, and we had a lot of love for Salvador.’’ (Trial Transcript, Dec. 3, 2009, p.
62, ln. 11) Luz further testified that even
after Carmelo’s death Salvador ‘‘would always ask for my father.’’ (Trial Transcript, Dec. 3, 2009, p. 62, ln. 15–17)
Ruth also testified at trial that Salvador
had a ‘‘very good relationship’’ with Carmelo. (Trial Transcript, Dec. 3, 2009, p. 9,
ln. 21)
Salvador concluded his written statement by saying, ‘‘It is very difficult for me
475
to express my profound sadness in losing
my father in such a terrible way. I miss
him very much and wish that I had been
able to share many more years with him.’’
(Exhibit No. 29, ¶ 14)
As an American citizen, Salvador 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, siblings
and half siblings has been marred. Salvador 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 Salvador 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 Salvador 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 Salvador is entitled to an award of punitive damages
against defendants;