CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)
defendants’ conspiracy described here, Luz
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, Luz suffered the damages enumerated here.
The analysis detailed above regarding
awards to direct terror victims and relatives of victims is applicable to Luz. Like
the rest of her family, Luz 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,
Luz is awarded $5,000,000 as compensatory damages. Defendants are jointly and
severally liable for the full amount of Luz’s
compensatory damages.
C.
Luis Calderon–Cardona
Luis Calderon–Cardona (‘‘Luis’’) is a citizen of the United States (Exhibit No. 34)
and resides in Puerto Rico. From the time
of his father’s death, Luis has 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.
Luis was not able to testify in court,
because he suffers from various medical
complications after being injured in a car
accident several years ago, including impairment to both his short-term and long-
465
term memory. (Trial Transcript, Dec. 2,
2009, p. 142, ln. 14–18) He did, however,
issue a written declaration which was
made on November 21, 2007. (Exhibit No.
26)
Luz testified at trial that Luis’ car accident, which resulted in his debilitating injuries, occurred several years after the
Lod Airport Attack, and that Luis was in
the hospital recovering for a long period of
time and suffered significant memory loss.
Luis started asking for Carmelo (who had
been murdered years before) and Eladia
would tell Luis’ siblings not to tell him
anything about his father’s death. Once
Luis was discharged from the hospital,
however, it became increasingly difficult to
hide the truth, and upon doctor’s orders
the family once again had to break the
news of Carmelo’s death to Luis. (Trial
Transcript, Dec. 3, 2009, pp. 62–64) Luz
stated that Luis ‘‘became just uncontrollable’’ with grief upon learning of his father’s
murder, and lamented that Luis, all of the
siblings and their mother had to suffer the
raw pain of Carmelo’s murder once again.
(Trial Transcript, Dec. 3, 2009, pp. 63–64)
(See also Declaration submitted by Ruth
Calderon–Cardona, Exhibit No. 27, at
¶¶ 26–38; Declaration of Gloria Calderon–
Cardona, Exhibit No. 23, ¶¶ 25–38; Declaration of Luz Calderon–Cardona, Exhibit
No. 28, ¶¶ 21–26).
In Luis’ written declaration he stated
that ‘‘I loved my father dearly. We shared
many times together. One of my favorite
memories is of when he and I used to sing
in the church choir together each week.
Being in the choir meant a lot to me, but
sharing this activity with my father each
week made it even more meaningful and
special.’’ (Exhibit No. 26, ¶ 5) Luis also
reflected with gratitude on the fact that
Carmelo built a house for him and his first
wife, a very special gift. (Exhibit No. 26,
¶ 7)