CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)
her family life and her relationship with
her parents and siblings. Accordingly,
Ana is awarded $5,000,000 as compensatory damages. Defendants are jointly and
severally liable for the full amount of Ana’s
compensatory damages.
G.
Hilda Calderon–Cardona
Hilda Calderon–Cardona (‘‘Hilda’’) is a
citizen of the United States (Exhibit No.
32) and resides in Puerto Rico. From the
time of her father’s death, Hilda has experienced emotional pain and suffering, loss
of her father’s society, companionship,
comfort, advice and counsel and has suffered severe mental anguish and extreme
emotional distress.
Hilda testified at trial that she had fond
memories of her childhood and had a very
‘‘affectionate’’ relationship with her father
who would often play with her and her
siblings. (Trial Transcript, Dec. 3, 2009, p.
45, ln. 3–5) She stated that ‘‘on Saturdays,
he [Carmelo] would sit on the porch and
would talk—even while—when we were
married, he would sit on the porch on
Saturdays and talk and remembering
things from our past. And even married,
we’d go out together as a group. Go to
the countryside to visit family. And it was
a very close relationship.’’ (Trial Transcript, Dec. 3, 2009, p. 45, ln. 6–11)
Hilda also testified that, after giving
birth to her children, she has fond memories of visiting her parents together with
her daughters, and that Carmelo ‘‘would
pick up my youngest daughter, she was a
year old—three years old at that time, and
he called her Chispita, and he would raise
her up in his arms, and she would be very
happy.’’ (Trial Transcript, Dec. 3, 2009, p.
44, ln. 17–22)
Hilda expressed her sadness that her
younger children missed the opportunity
to know their grandfather, Carmelo, because he ‘‘was a great example for all of
us,’’ (Trial Transcript, Dec. 3, 2009, p. 47,
473
ln. 23–24), but she is happy that her older
children remember him fondly.
She recalled at trial that she felt feeling
‘‘devastated’’ upon learning of Carmelo’s
murder, and that as soon as she learned
the terrible news, she ‘‘without even knowing what I was doing, I went to my mother’s house’’ to grieve with the rest of her
family. (Trial Transcript, Dec. 3, 2009, p.
46, ln. 18–22). Hilda stated that when she
arrived to Eladia’s home, Gloria was in the
room with their mother and right away
said to her, ‘‘You can’t cry. You can’t cry.
Remember that mom has a heart condition, so you have to calm down.’’ Hilda
recalled that it was ‘‘impossible’’ for her to
comply with Gloria’s request. (Trial Transcript, Dec. 3, 2009, pp. 46–47)
Hilda described the week-long wait for
her father’s body to arrive for burial as
‘‘terrible.’’ ‘‘Because what comes to mind
is that you don’t know how that body is
going to arrive. I mean, what happened?
You know that—that he’s dead, but you
don’t know how the cadaver is going to
arrive, so it was a wait that was full of
anguish.’’ (Trial Transcript, Dec. 3, 2009,
p. 47, ln. 12–16)
Hilda further described the sadness that
accompanied family gatherings every Saturday and during the holidays after Carmelo’s murder. She said, ‘‘The holidays
weren’t the same TTT I would go to—
Saturday home, it wasn’t the same without
him [Carmelo]. So it’s—it’s a very hard
feeling knowing that somebody that’s no
longer with you.’’ (Trial Transcript, Dec.
3, 2009, p. 50, ln. 2–7)
As an American citizen, Hilda has a
direct cause of action under section 1605A.
She has suffered in many ways from the
attack. Her family life has been permanently disrupted and her childhood and
past relationship with her parents and siblings has been marred. Hilda is therefore
entitled to the following award for each of