CALDERON–CARDONA v. DEM. PEOPLE’S REP. OF KOREA
Cite as 723 F.Supp.2d 441 (D.Puerto Rico 2010)
and therefore Jose 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,
Jose 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, Jose suffered the damages enumerated here.
The analysis detailed above regarding
awards to direct terror victims and relatives of victims is applicable to Jose as
well. Like the rest of his family, Jose has
been harmed on many levels by the Lod
Airport Attack. He lost a loving and devoted father, witnessed his mother become
permanently depressed and disabled, suffers the trauma of the JRA’s murder of his
father, and endures the daily disruption to
his family life and his relationship with his
parents and siblings. Accordingly, Jose is
awarded $5,000,000 as compensatory damages. Defendants are jointly and severally
liable for the full amount of Jose’s compensatory damages.
F.
Ana Delia Calderon–Cardona
Ana Calderon–Cardona (‘‘Ana’’) is a citizen of the United States (Exhibit No. 30)
and resides in Puerto Rico. From the time
471
of her father’s death, Ana 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.
Ana testified at trial that growing up in
Carmelo’s home was ‘‘very good’’ (Trial
Transcript, Dec. 3, 2009, p. 33, ln. 21.)
She remembers fondly how Carmelo would
sit with her and her siblings on the porch
and teach them poems, sing theme songs
(mainly hymns) and tell all kinds of stories,
stories about when he was a boy. (Trial
Transcript, Dec. 3, 2009, p. 34, ln. 6–16)
She referred to Carmelo as ‘‘the best [father] in the world’’ because ‘‘he was a
friend, he was an advisor, he was a good
father, a good provider, he would take care
of his children.’’ (Trial Transcript, Dec. 3,
2009, pp. 34–35) Ana also stated that Carmelo would spoil them: ‘‘Well, he [Carmelo] would buy us everything—well, he
would give our mother money for her to
buy us things. If he saw something that
he liked, he would bring it to the children,
the younger children, and always take us
out.’’ (Trial Transcript, Dec. 3, 2009, p. 35,
ln. 4–7)
Upon learning of her father’s murder,
Ana immediately went to her mother’s
home. She felt like she was ‘‘walking on
air.’’ (Trial Transcript, Dec. 3, 2009, p. 39,
ln. 7) When she broke the news of her
Carmelo’s murder to her fifteen year old
son, he replied that he wanted to go where
[the terrorists] were and ‘‘pay them back.’’
(Trial Transcript, Dec. 3, 2009, p. 39, ln.
11–16)
Ana stated that after Carmelo’s death
her mother, Eladia, ‘‘was almost always
under sedation because she had a heart
condition and her blood pressure shot up
during those days, so the doctor was almost always going to see her, if not every
day.’’ (Trial Transcript, Dec. 3, 2009, p.