2022 WL 168261
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United States District Court, District of Columbia.
Diane PENNINGTON, et al., Plaintiffs,
v.
ISLAMIC REPUBLIC OF IRAN, Defendant.
Civil Action No. 19-796 (JEB)
|
Signed 01/19/2022
Christopher J.
Quinn, Pro Hac Vice, Driscoll Firm, P.C., St. Louis, MO, Daniel
Alberstone, Pro Hac Vice, Elizabeth Smiley,
Pro Hac Vice, Peter Klausner,
Pro Hac Vice, Baron and Budd PC, Encino, CA, Paul W. Johnson, Pro Hac Vice, The
Driscoll Firm, P.C., Saint Louis, MO, Russell W. Budd,
Pro Hac Vice, Thomas M. Sims,
Pro Hac Vice, Baron & Budd, P.C., Dallas, TX, John J. Driscoll,
The Driscoll Firm LLC, San Juan, PR, for Plaintiffs Diane Pennington,
A Minor, Melissa Kay Cuka, Abigail Cuka, LaNita Herlem, Daniel Cuka, Bryant
Herlem, Velia F. Mesa, Rudy Mesa, Velia A. Mesa, Lucy Rigby, Luis Aguilar,
Manuel Aguilar, Corey Schlenker, William Thorne,
Timothy Merrill, Jason Merrill, Wanda Sue Merrill, Alyssa Merrill, Amber
Piraneo, Ashlea Lewis, Kevyn Perez, Lyle Brooks, Faye Mroczkowski, William Stout,
Tamara Stout, Callie Mcgee, Stephanie Benefield, Melinda Igo, Alicia Igo, Ashley Lewis,
Devin Igo, Gina Wright, Joanna Harris,
Blake Harris, Kimberly Yarbrough, Taylor Brown,
Scott Brown, Rachel Lambright, Adam Egli, Danielle Egli, Laura Russell
Kennedy, Jonathan Edds, Monique Shantel Green, Estate of Joseph
Richard, III.
Christopher J.
Quinn, Pro Hac Vice, Driscoll Firm, P.C., St. Louis, MO, Daniel
Alberstone, Pro Hac Vice, Daniel
Alberstone, Elizabeth Smiley,
Pro Hac Vice, Peter Klausner,
Pro Hac Vice, Baron and Budd PC, Encino, CA, Paul W. Johnson, Pro Hac Vice, The
Driscoll Firm, P.C., Saint Louis, MO, Russell W. Budd,
Pro Hac Vice, Thomas M. Sims,
Pro Hac Vice, Baron & Budd, P.C., Dallas, TX, John J. Driscoll,
The Driscoll Firm LLC, San Juan, PR, for Plaintiff Colleen Schild.
Daniel
Alberstone, Baron and Budd PC, Encino, CA, for Plaintiff Brooks
Schild.
MEMORANDUM OPINION
JAMES E.
BOASBERG, United States District Judge
*1 On June 24, 2021, this Court entered a default judgment
on liability against Defendant Islamic Republic of Iran for a series of sixteen
terrorist attacks against members of the United States military in Iraq.
Plaintiffs — the estates and families of the victims, who were either killed or
wounded, and one wounded servicemember — now seek damages of over $1 billion.
While the Court certainly does not minimize the pain and suffering of these
Plaintiffs, the amounts they have sought here are staggering. The Court will
pare back many of the requests and ultimately enter judgment in the amount of
$273 million, far from an inconsiderable sum.
I. Legal Standard
The Foreign Sovereign Immunities Act, 28 U.S.C. § 1604,
contains a “terrorism exception,” which provides federal courts with
jurisdiction over suits where plaintiffs seek money damages from a foreign
state for “personal injury or death that was caused by an act of torture,
extrajudicial killing, aircraft sabotage, hostage taking, or the provision of
material support or resources for such an act.” 28 U.S.C. §
1605A(a)(1). It also creates a cause of action for “national[s] of
the United States” to sue foreign states that are designated by the U.S.
government as sponsors of terrorism and perform or materially support the acts
described in 28 U.S.C. §
1605A(a)(1). Id. § 1605A(c). The statute specifies that, “[i]n
any such action, damages may include economic damages, solatium, pain and
suffering, and punitive damages.” Id.; accord Fraenkel v. Islamic Republic of Iran, 892 F.3d 348,
353 (D.C. Cir. 2018).
Plaintiffs may recover damages by showing “that the
projected consequences are reasonably certain (i.e., more likely than
not) to occur, and [proving] the amount of damages by a reasonable estimate.” Fraenkel, 892 F.3d at 353 (quoting Hill v. Republic of Iraq, 328 F.3d 680, 684 (D.C. Cir. 2003)).
While these requirements create “some protection against an unfounded default
judgment,” plaintiffs need not produce “more or different evidence than [a
court] would ordinarily receive; indeed, the quantum and quality of evidence
that might satisfy a court can be less than that normally required.” Id.
(citation omitted).
II. Analysis
While establishing liability was relatively
straightforward, that is not the case with regard to the amount of
damages to award. See Pennington v. Islamic Republic of Iran, No. 19-796,
2021 WL 2592910 (D.D.C. June 24, 2021). As this Court noted in a
similar case, “The valuation of serious psychological injuries among different
family members is an inherently delicate task, not susceptible to rote
calculations.” Schertzman Cohen v. Islamic Republic of Iran, No. 17-1214,
2019 WL 3037868, at *6 (D.D.C. July 11, 2019). Indeed, “assessing
damages for pain and suffering is an imperfect science, as no amount of money
can properly compensate a victim for the suffering he or she endures during and
after an attack.” Goldstein v. Islamic Republic of Iran, 383 F. Supp.
3d 15, 19 (D.D.C. 2019).
Plaintiffs here include a wounded servicemember and the
parents, stepparents, spouses, siblings, stepsiblings, and children of wounded
and killed servicemembers. They seek multiple types of damages: solatium
damages for family members of those wounded and killed, direct damages and economic
losses for one wounded servicemember, economic losses for estates of killed
servicemembers, pain and suffering for the one surviving servicemember and the
estates of two others killed, prejudgment interest, and punitive damages. See
ECF No. 54-1 (DJ Mot. for Damages) at 2–17. The Court considers each in turn.
A. Solatium Damages
*2 As recently defined by the D.C. Circuit in Fraenkel,
solatium damages seek to compensate victims for the “[m]ental anguish,
bereavement and grief” resulting from a loved one’s death or injury. 892 F.3d at
356–57; see also Valore v. Islamic Republic of Iran, 700 F. Supp.
2d 52, 85 (D.D.C. 2010). To determine proper solatium awards, the Fraenkel
panel recognized that “District Court judges invariably must exercise
discretion in determining damages awards under the FSIA.” See 892 F.3d at 361.
Appellants there had argued that the district court “broke from precedent” by
awarding solatium damages “dramatically lower” than those received by similarly
situated plaintiffs. Id. (citation omitted). The D.C. Circuit rejected
their claim. It noted that “many FSIA decisions” followed the solatium-damage
ranges summarized in Estate of Heiser v. Islamic Republic of Iran, 466 F. Supp.
2d 229 (D.D.C. 2006), which recommended awarding around $2.5 million
for siblings of deceased victims, $5 million for parents, and $8 to $12 million
for spouses. See Fraenkel, 892 F.3d at 361. This Court, too, will
follow that formula for the families of deceased victims, as Plaintiffs
propose. See DJ Mot. at 3 (proposing $8 million for spouses, $5 million
for parents, $2.5 million for siblings, and $3 million for children); see
also Valore, 700 F. Supp. 2d at 79–80 (stepsibling
and stepfather who were equivalent to immediate family eligible to bring
claims).
There are also family members of wounded
servicemembers (Michelle Wager, Jerral Hancock, and Adam Egli), and Plaintiffs
propose half the above sums for them. Id. This is consistent with the
holdings of other courts in this district. See, e.g., Moradi v. Islamic Republic of Iran, 77 F. Supp. 3d
57, 72–73 (D.D.C. 2015) (awarding wife of injured servicemember $4
million); Owens v. Republic of Sudan, 71 F. Supp. 3d 252, 260–61 (D.D.C.
2014). The Court will thus award the two wives (Rachel Lambright and
Danielle Egli) $4 million each and the parent (Melinda Igo) $2.5 million. This
leaves the children of Adam Egli and three siblings of Michelle Wager.
In fashioning equitable solatium awards, the Court relies
on the factors our Circuit instructed courts to consider in Fraenkel. See
892 F.3d at 359
(“On remand, the District Court should apply the considerations outlined in [Flatow v. Islamic Republic of Iran, 999 F. Supp.
1, 30–32 (D.D.C. 1998),] ... to determine the appropriate amounts of
solatium damages.”). Among those factors, the Court of Appeals highlighted two:
“[h]ow the claimant learned of” the directly injured plaintiff’s injuries and
the “nature of the relationship” between the claimant and the directly injured
plaintiff. Id. at 357 (quoting Flatow, 999 F. Supp. at 30–31).
For the Egli children, they were infants at the time of
the incident: seven months and two years old, respectively. See ECF No.
54-2 (Declaration of Daniel Alberstone), Exhibit 8(b) (Declaration of Danielle
Egli) at 2. As they had no independent recollection of the attack, they cannot
recover for the psychological pain they suffered from learning of the event.
They obviously have to continue to live with the effects on both their parents,
so the Court awards each $750,000 — viz., half of the normal amount for
children of survivors. Cf. Davis v. Islamic Republic of Iran, 882 F. Supp.
2d 7, 15 (D.D.C. 2012) (children born after event not entitled to
recover).
The Wager siblings are Alicia Igo, Ashley Lewis, and
Devin Igo. All three submitted identical declarations stating that they were “unable
to provide a written Declaration describing [their] experience” because they
understandably do “not want to revisit” the memories of the attack on their
sister. See Alberstone Decl., Exhs. 17(b) (Declaration of Alicia Igo) at
1, 17(c) (Declaration of Ashley Lewis) at 1, 17(d) (Declaration of Devin Igo)
at 1. In such a circumstance and with little else to go on regarding even the
siblings’ relationship to Wager, the Court will award each $500,000, as opposed
to the $1.25 million that can be available to siblings. Cf. Roth v. Islamic Republic of Iran, 78 F. Supp. 3d
379, 403 (D.D.C. 2015) (“As for siblings, testimony proving a close
emotional relationship will usually be sufficient to sustain an award of
solatium damages.”).
*3 The last item in this category is a request for an
upward adjustment of between $500,000 and $2 million for eight of the family
members — four spouses, two parents, and two children. “When courts award
upward departures, they usually do so because of an unusual circumstance beyond
the ordinary anguish that results from losing a family member.” Selig v. Islamic Republic of Iran, No. 19-2889,
2021 WL 5446870, at *15 (D.D.C. Nov. 22, 2021). Plaintiffs contend
that such a departure is merited for three spouses because they “have suffered
not only the loss of their husbands, but also the loss of being able to have
children due to the Defendant’s wrongful conduct.” DJ Mot. at 4. The
opportunity to have children is a principal boon for many married couples,
which is precisely why the spousal amounts are so high. These wives,
furthermore, do not aver that they are unable to have children at all, just not
with their husbands. No adjustment on this basis is warranted. See Heiser, 466 F. Supp. 2d at 315, 335 (awarding
standard $8 million to spouses who had not been able to have children with
deceased servicemembers).
Other relatives of wounded and killed servicemembers seek
an upward adjustment on the ground that their lives spiraled downward after the
attack, leading to divorce and addiction in one case and other mental-health
issues in other cases. See DJ Mot. at 5–7. Once again, the Court does
not see a basis to deviate from the already-substantial awards, which take into
consideration the likelihood of serious detrimental effects from these events
on families. See, e.g., Acosta v. Islamic Republic of Iran, 574 F. Supp.
2d 15, 30 (D.D.C. 2008) (awarding standard $8 million to spouse of
terrorism victim “to compensate her for emotional distress and loss of
consortium caused by the death of her husband”); Selig, 2021 WL 5446870, at *15 (not deviating
from baseline parental damages despite “terrible suffering and the close
relationship that” parent had with deceased child); cf. Belkin v. Islamic Republic of Iran, 667 F. Supp.
2d 8, 23–24 (D.D.C. 2009) (providing $2 million enhancement in
extreme circumstance where spouse had to view deceased “wife’s severely
disfigured body shortly after the bombing occurred”). Two other family members
learned that “the person who detonated the EFP device was dancing as the bomb
went off.” DJ Mot. at 6. While another’s glee in their suffering is no doubt
painful, it hardly justifies an upward departure from the significant amount
already awarded. The Court, accordingly, will not award any upward adjustments.
B. Egli Damages
Next up are the direct damages and economic losses for
one surviving servicemember, Adam Egli. The former type of damages is intended
to compensate attack survivors based on factors including “the severity of the
pain immediately following the injury, the length of hospitalization, and the
extent of the impairment that will remain with the victim for the rest of his
or her life.” O’Brien v. Islamic Republic of Iran, 853 F. Supp.
2d 44, 46 (D.D.C. 2012) (citations omitted); accord Wultz v. Islamic Republic of Iran, 864 F. Supp.
2d 24, 37 (D.D.C. 2012). Over the years, courts have developed a
general framework for awarding direct-injury damages. They begin “with the
baseline assumption that persons suffering substantial injuries in
terrorist attacks are entitled to $5 million in compensatory damages.” Wultz, 864 F. Supp. 2d at 37–38 (emphasis
added).
Plaintiffs seek no less than $30 million for Egli for
direct injuries and almost $1.5 million in economic losses. Egli certainly
suffered serious injuries: he has required six to seven surgeries on his left
knee, including a reconstruction; he has shrapnel in his back; and he sustained
a concussion, hearing loss, and tinnitus. See Alberstone Decl., Exh.
8(a) (Declaration of Adam Egli) at 3–4. These have also caused emotional and
psychological damage from which he still suffers. Such harms are precisely in
line with the $5 million awarded for substantial direct injuries, and the Court
will award that amount. Wamai v. Republic of Sudan, 60 F. Supp. 3d 84, 92–93 (D.D.C.
2014), aff’d in part, vacated in part on other grounds sub nom
Owens v. Republic of Sudan, 864 F.3d 751, 825 (D.C. Cir. 2017)
(victims who suffered injuries similar to those for which other courts had
awarded the “baseline” of $5 million — including “vision impairment, many broken
bones, severe shrapnel wounds or burns, lengthy hospital stays ... and
permanent injuries” — received that baseline amount).
*4 As to economic loss, which is recoverable, see Murphy v. Islamic Republic of Iran, 740 F. Supp.
2d 51, 77 (D.D.C. 2010), the Court has insufficient evidence to make
an award. Economic-loss damages “may be proven by the submission of a forensic
economist’s expert report.” Roth, 78 F. Supp. at 402. In determining the
amount of such damages based on lost future earnings and other benefits, “the
Court shall take account of the reasonableness and foundation of the
assumptions relied upon by the expert.” Id. A forensic economist, Donald
L. Frankenfeld, has submitted an estimate of economic loss for Egli of
$1,463,428. See Alberstone Decl., Exh. 1(b) (Expert Report of Donald L.
Frankenfeld) at 1–7 & Appendix J. This analysis is based on 1) the
earnings, fringe benefits, and retirement benefits from the military that Egli
would have received had he completed 20 years of service, plus 2) his
non-military earning capacity and fringe benefits subsequent to military
service, but less 3) his mitigation capacity based on current employment. Id.
This methodology generally comports with how economic loss has been calculated
in similar cases. See, e.g., Murphy, No. 06-596, ECF No. 55-1
(D.D.C. June 10, 2010) (calculating economic loss for injured servicemember).
Frankenfeld’s analysis, however, does not address how the
relevant earnings estimates were reached beyond noting that they were “based
upon authoritative government statistical sources” and Egli’s individual
circumstances. See Frankenfeld Rep., Appendix J at 1. In particular, it
is unclear whether Egli’s earnings are calculated pre- or post-tax and what
factors the estimates of his non-military earnings are based on (e.g.,
his age, education, experience). See No. 06-596, ECF No. 55-1
(calculating injured servicemember’s lost earnings after federal, state, local,
and social-security taxes). The Court will give leave to file an amended motion
clarifying these points.
C. Estates’ Economic Losses
Plaintiffs’ next category of damages encompasses economic
losses to the estates of killed servicemembers. Here, there are nine estates,
which each seek between $787,809 and $2,516,046 in damages. Estates may also
recover damages for the “loss of accretions to the estate resulting from the
wrongful death of decedent in the attack.” Murphy, 740 F. Supp. 2d at 78. Again, the Court
finds that additional information is required to assess the expert’s estimates.
First, clarification is needed as to whether lost earnings are calculated pre-
or post-tax, and, if the former, whether taxes are factored into the estimates
for personal consumption. See, e.g., No. 06-596, ECF No. 57-1 (D.D.C.
July 22, 2010) (economic-loss report for estate of victim of 1983 Beirut
bombing providing estimates of earning losses after taxes and personal
consumption); see also Heiser, No. 00-2329, ECF No. 74 (Apr. 1,
2004) at 288 (calculating economic loss of decedents by subtracting both amount
of personal maintenance and federal and state taxes).
Second, there is considerable unexplained variation in
estimates of personal consumption both among the decedents in this case and in
comparison to estimates in other similar cases. For example, the share of
personal consumption for Jason Merrill, who was a 22-year-old, unmarried E-5
sergeant when he died, is 68.03%, while the share for Joseph Richard III, a
27-year-old, married E-5 sergeant is 26.68%. Compare Frankenfeld Rep.,
Appendix F at 2, with id. Appendix I at 2; see also id.
at Appendix B at 2 (personal consumption of 11.0% for 28-year-old E-6 staff
sergeant with wife and children); Roth, No. 11-1377, ECF No. 34-5 (Oct.
2, 2014) (economic-loss report placing personal-consumption expenditure share
at 44.4% to 73.4%).
Finally, the economic losses for the estate of Rudy
Guerrero Mesa “are largely a function of diminished pension payments to his
surviving widow, which in turn depends upon which payment option Mr. Mesa
choose [sic] prior to his death.” Frankenfeld Rep., Appendix D at 1.
Frankenfeld’s analysis was “based upon a reasonable estimate,” id., but
given that Mesa’s estate should have access to information on which plan was
actually chosen, the Court requires that information. If Plaintiffs resubmit
this material, the Court will look again at the appropriate economic losses for
the estates.
D. Pain and Suffering
*5 Plaintiffs also seek an award to two estates for pain
and suffering in the amount of $18 million each. More specifically, Joseph
Richard survived for 75 minutes following the EFP attack, and Jason Merrill
survived for several minutes after the blast that killed him. See DJ
Mot. at 14. There is no evidence that either man was conscious during the time
between the attack and his death. In addition, Plaintiffs argue that “[a]vailable
scientific data indicates trauma victims experience pain and psychological trauma
following clinical death for a period of time between two and 10 minutes.” Id.
at 14 (citing Alberstone Decl., Exh. 3(b) (Independent Medical Report) at 1–2).
Yet, given that fact, it is unclear why Plaintiffs would not also be seeking
pain-and-suffering damages for all of the estates of individuals who were
killed instantaneously, unlike Richard and Merrill.
In addition, the only case Plaintiffs cite is Pugh v. Socialist People’s Libyan Arab Jamahiriya, 530 F. Supp.
2d 216 (D.D.C. 2008), in which the victims of an aircraft bomb
suffered grievous physical and psychological injuries from the time the bomb
exploded until impact on the ground, during which period they were fully
conscious. Id. at 220-21. They cite no other case for
the award of such damages.
Given that Richard survived for 75 minutes, certainly in
great pain to the extent he was conscious of it, the Court will award his
estate $1 million. See Selig, 2021 WL 5446870, at *13 (“a $1 million
pain-and-suffering award is typically given to the estates of victims who
quickly succumb to their injuries”); Eisenfeld v. Islamic Republic of Iran, 172 F. Supp.
2d 1, 8 (D.D.C. 2000) (awarding $1 million to victims for pain and
suffering between explosion and death). No further award is justified for
Merrill’s estate.
E. Prejudgment Interest
Plaintiffs request prejudgment interest on top of their
solatium and damage awards. The decision to award such interest “is subject to
the discretion of the court and equitable considerations.” Oldham v. Korean Air Lines Co. Ltd., 127 F.3d 43,
54 (D.C. Cir. 1997) (citation omitted); see also Forman v. Korean Air Lines Co., Ltd., 84 F.3d 446,
450 (D.C. Cir. 1996). “When an award without prejudgment interest
fully compensates a plaintiff, an award of prejudgment interest no longer has
the intended compensatory purpose and should be denied.” Wyatt v. Syrian Arab Republic, 908 F. Supp.
2d 216, 232 (D.D.C. 2012) (quoting Price v. Socialist People’s Libyan Arab Jamahiriya, 384 F. Supp.
2d 120, 135 (D.D.C. 2005)). As have many courts before it, this
Court calculates its direct-injury and solatium awards to be fully
compensatory. See Wultz, 864 F. Supp. 2d at 43 (finding
direct-injury damages fully compensatory and declining to award prejudgment
interest); Thuneibat v. Syrian Arab Republic, 167 F. Supp.
3d 22, 54 (D.D.C. 2016) (noting solatium damages “do not typically
require prejudgment interest because they are ‘designed to be fully
compensatory’ ”) (quoting Wyatt, 908 F. Supp. 2d at 232); see also
Akins v. Islamic Republic of Iran, 332 F. Supp.
3d 1, 45–46 (D.D.C. 2018) (denying prejudgment interest in FSIA
terrorism case on same reasoning). This makes particular sense where the
injuries are psychological and thus ongoing, and the compensation assumes
suffering beyond the timeframe of the incident itself. See Oveissi, 768 F. Supp. 2d at 30 n.12 (noting
solatium damages are awarded regardless of when attack occurred). Prejudgment
interest, consequently, is not appropriate and will be denied.
F. Punitive Damages
The last item Plaintiffs request is punitive damages, and
they seek $3.44 for every dollar of compensatory damages awarded. See DJ
Mot. at 16–17. “[P]unitives are aimed not at compensation but principally at
retribution and deterring harmful conduct.” Exxon Shipping Co. v. Baker, 554 U.S. 471, 492 (2008).
The Supreme Court has laid out three “guideposts” for “reviewing punitive
damages” awards: “(1) the degree of reprehensibility of the defendant’s
misconduct; (2) the disparity between the actual or potential harm suffered by
the plaintiff and the punitive damages award; and (3) the difference between
the punitive damages awarded by the jury and the civil penalties authorized or
imposed in comparable cases.” State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408,
418 (2003). There is no doubt that Defendant’s misconduct is severe,
and the injuries suffered grave, making punitive damages appropriate. See,
e.g., Blank v. Islamic Republic of Iran, No. 19-3645,
2021 WL 3021450, at *10 (D.D.C. July 17, 2021) (punitive damages
appropriate where Iranian-backed terrorist group carried out violent attack
killing and injuring U.S. servicemembers).
*6 Following this guidance, different courts in this
district have employed different methods in calculating punitive damages. See,
e.g., Selig, 2021 WL 5446870, at *23–24 (comparing
methods that include flat rates, multipliers of compensatory damages, and
equivalent awards). Having reviewed these alternatives, this Court believes
that the most sensible amount is a sum equivalent to compensatory damages. Id. at *25 (awarding same); accord Christie v. Islamic Republic of Iran, No. 19-1289,
2020 WL 3606273, at *28 (D.D.C. July 2, 2020); Doe A-1 v. Democratic People’s Republic of Korea, No. 18-252,
2021 WL 723257, at *10 (D.D.C. Feb. 24, 2021). The Court,
accordingly, will award $136.5 million in punitive damages.
G. Final Calculation
Given all of the above discussion, the calculation of
damages is reflected in the below table. Should any supplemental documents
clarifying the calculation of economic losses be submitted, the Court may
revise these figures.
Plaintiff Name |
Relationship to Servicemember |
Solatium |
Pain & Suffering |
Punitive Damages |
Total |
Dianne Pennington |
Sibling of Howard Allen |
$2,500,000 |
|
$2,500,000 |
$5,000,000 |
D. Allen |
Son of Howard Allen |
$3,000,000 |
|
$3,000,000 |
$6,000,000 |
Melissa Kay Cuka |
Spouse of Daniel Cuka |
$8,000,000 |
|
$8,000,000 |
$16,000,000 |
Abigail Rose Cuka |
Daughter of Daniel Cuka |
$3,000,000 |
|
$3,000,000 |
$6,000,000 |
A.M. Cuka |
Son of Daniel Cuka |
$3,000,000 |
|
$3,000,000 |
$6,000,000 |
Colleen Schlid |
Parent of Richard Schlid |
$5,000,000 |
|
$5,000,000 |
$10,000,000 |
LaNita Herlem |
Spouse of Bryant Anthony Herlem |
$8,000,000 |
|
$8,000,000 |
$16,000,000 |
Velia F. Mesa |
Spouse of Rudy Guerrero Mesa |
$8,000,000 |
|
$8,000,000 |
$16,000,000 |
Velia A. Mesa |
Daughter of Rudy Guerrero Mesa |
$3,000,000 |
|
$3,000,000 |
$6,000,000 |
Lucy Rigby |
Daughter of Rudy Guerrero Mesa |
$3,000,000 |
|
$3,000,000 |
$6,000,000 |
Luis Aguilar |
Step-Son of Rudy Guerrero Mesa |
$3,000,000 |
|
$3,000,000 |
$6,000,000 |
Manuel Aguilar |
Step-Son of Rudy Guerrero Mesa |
$3,000,000 |
|
$3,000,000 |
$6,000,000 |
Corey Schlenker |
Spouse of William Thorne |
$8,000,000 |
|
$8,000,000 |
$16,000,000 |
Timothy Merrill |
Parent of Jason L. Merrill |
$5,000,000 |
|
$5,000,000 |
$10,000,000 |
Wanda Sue Merrill |
Parent of Jason L. Merrill |
$5,000,000 |
|
$5,000,000 |
$10,000,000 |
Alyssa Merrill |
Sibling of Jason L. Merrill |
$2,500,000 |
|
$2,500,000 |
$5,000,0000 |
Amber Piraneo |
Sibling of Jason L. Merrill |
$2,500,000 |
|
$2,500,000 |
$5,000,0000 |
Ashlea Lewis |
Sibling of Jason L. Merrill |
$2,500,000 |
|
$2,500,000 |
$5,000,0000 |
Lyle Brooks |
Parent of Lucas T. White |
$5,000,000 |
|
$5,000,000 |
$10,000,0000 |
Tamara Stout |
Step-Parent of Brandon Stout |
$5,000,000 |
|
$5,000,000 |
$10,000,0000 |
Melinda Igo |
Parent of Michelle Wager |
$2,500,000 |
|
$2,500,000 |
$5,000,0000 |
Alicia Igo |
Sibling of Michelle Wager |
$500,000 |
|
$500,000 |
$1,000,000 |
Ashley Lewis |
Sibling of Michelle Wager |
$500,000 |
|
$500,000 |
$1,000,000 |
Devin Igo |
Sibling of Michelle Wager |
$500,000 |
|
$500,000 |
$1,000,000 |
Gina Wright |
Parent of Christopher D. Young |
$5,000,000 |
|
$5,000,000 |
$10,000,000 |
Kimberly Yarbrough |
Parent of Barry Mayo |
$5,000,000 |
|
$5,000,000 |
$10,000,000 |
Taylor Brown |
Son of Scott Brown |
$3,000,000 |
|
$3,000,000 |
$6,000,000 |
Rachel Lambright |
Spouse of Jerral Steele Hancock |
$4,000,000 |
|
$4,000,000 |
$8,000,000 |
Danielle Egli |
Spouse of Adam Egli |
$4,000,000 |
|
$4,000,000 |
$8,000,000 |
K. Egli |
Child of Adam Egli |
$750,000 |
|
$750,000 |
$1,500,000 |
B. Egli |
Child of Adam Egli |
$750,000 |
|
$750,000 |
$1,500,000 |
Adam Egli |
Servicemember |
|
$5,000,000 |
$5,000,000 |
$10,000,000 |
Laura Russell Kennedy |
Spouse of Jonathan Edds |
$8,000,000 |
|
$8,000,000 |
$16,000,000 |
Monique Shantel Green Richard |
Spouse of Joseph Richard III |
$8,000,000 |
|
$8,000,000 |
$16,000,000 |
Estate of Joseph Avie Richard III |
|
|
$1,000,000 |
$1,000,000 |
$2,000,000 |
Total |
|
$130,500,000 |
$6,000,000 |
$136,500,000 |
$273,000,000 |
The Court recognizes, as have others before
it, that “no amount of money can alleviate the emotional impact of” the
attacks. See Fraenkel, 892 F.3d at 357 (quoting Flatow, 999 F. Supp. at 32). It nonetheless
hopes that the damages it awards today will assist Plaintiffs heal from this
heartbreaking chapter in their lives.
III. Conclusion
For these reasons, the Court will enter default judgment
for Plaintiffs in the amounts listed above. A separate Order so stating will
issue this day.
Slip Copy, 2022 WL 168261
End of Document |
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