ROYCE C. LAMBERTH, Chief Judge.
This action arises out of the devastating 1983 bombing of the U.S. Marine barracks in Beirut, Lebanon. The attack decimated the facility, killed 241 U.S. servicemen and left countless others wounded. Various affected servicemen and family members now bring suit against defendants Islamic Republic of Iran ("Iran") and the Iranian Ministry of Information and Security ("MOIS"). Their action is brought pursuant to the state-sponsored exception to the Foreign Sovereign Immunities Act ("FSIA"), 28 U.S.C. §§ 1330, 1602 et seq., which was enacted as part of the National Defense Authorization Act for Fiscal Year 2008 ("NDAA"). Pub.L. No. 110-181, § 1083, 122 Stat. 3, 338-44 (2008). That provision, codified at 28 U.S.C. § 1605A, provides "a federal right of action against foreign states" that sponsor terrorist acts. Haim v. Islamic Republic of Iran, 784 F.Supp.2d 1, 4 (D.D.C.2011) (quoting reference omitted).
On February 1, 2010, this Court took judicial notice of the findings of fact and conclusions of law in Peterson v. Islamic Republic of Iran and Boulos v. Islamic Republic of Iran, which also concern the Marine barracks bombing, and entered judgment in favor of the plaintiffs and against Iran and MOIS with respect to all issues of liability. Davis v. Islamic Republic of Iran, No. 1:07-cv-01302-RCL, ECF No. 27 (D.D.C. Feb. 2, 2010). This Court then referred this action to a special master for consideration of plaintiffs' claims for damages Id., ECF No. 29. Since the issue of liability has been previously settled, this Court now turns to examine the damages recommended by the special master.
Damages available under the FSIA-created cause of action "include economic damages, solatium, pain and suffering, and punitive damages." 28 U.S.C. § 1605A(c). Accordingly, those who survived the attack may recover damages for their pain and suffering, as well as any other economic losses caused by their injuries; estates of those who did not survive can recover economic losses stemming from wrongful death of the decedent; family members can recover solatium for their emotional injury; and all plaintiffs can recover punitive damages. Valore v. Islamic Republic of Iran, 700 F.Supp.2d 52, 82-83 (D.D.C.2010).
"To obtain damages against defendants in an FSIA action, the plaintiff must prove that the consequences of the defendants' conduct were `reasonably certain (i.e., more likely than not) to occur, and must prove the amount of the damages by a reasonable estimate consistent with this [Circuit's] application of the American rule on damages.'" Salazar v. Islamic Republic of Iran, 370 F.Supp.2d 105, 115-16 (D.D.C.2005) (quoting Hill v. Republic of Iraq, 328 F.3d 680, 681 (D.C.Cir.2003) (internal quotations omitted)). As discussed
The Court hereby ADOPTS, just as it did in Peterson II, Valore, Bland, Anderson, and O'Brien all facts found by and recommendations made by the special master relating to the damages suffered by all plaintiffs in this case. Id. at 52-53; Valore, 700 F.Supp.2d at 84-87; Bland v. Islamic Republic of Iran, 831 F.Supp.2d 150 (D.D.C.2011); Anderson v. Islamic Republic of Iran, No. 1:08-cv-535-RCL, 839 F.Supp.2d 263 (D.D.C. Mar. 20, 2012), 2012 WL 928256; O'Brien v. Islamic, Republic of Iran, No. 1:06-cv-690-RCL, 853 F.Supp.2d 44 (D.D.C. Mar. 28, 2012), 2012 WL 1021471. However, if the special master has deviated from the damages framework that this Court has applied in previous cases, "those amounts shall be altered so as to conform with the respective award amounts set forth" in the framework. Peterson II, 515 F.Supp.2d at 52-53. The final damages awarded to each plaintiff are contained in the table located within the separate Order and Judgment issued this date, and this Court discusses below any alterations it makes to the special master recommendations.
Assessing appropriate damages for physical injury or mental disability can depend upon a myriad of factors, such as "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." Peterson II, 515 F.Supp.2d at 52 n. 26 (citing Blais v. Islamic Republic of Iran, 459 F.Supp.2d 40, 59 (D.D.C.2006)). In Peterson II, this Court adopted a general procedure for the calculation of damages that begins with the baseline assumption that persons suffering substantial injuries in terrorist attacks are entitled to $5 million in compensatory damages. Id. at 54. In applying this general approach, this Court has explained that it will "depart upward from this baseline to $7-$12 million in more severe instances of physical and psychological pain, such as where victims suffered relatively more numerous and severe injuries, were rendered quadripeligic, partially lost vision and hearing, or were mistaken for dead," Valore, 700 F.Supp.2d at 84, and will "depart downward to $2-$3 million where victims suffered only minor shrapnel injuries or minor injury from small-arms fire," id. The Court typically awards $1 million to servicemen who survive a few minutes to a few hours after the bombing. See Elahi v. Islamic Republic of Iran, 124 F.Supp.2d 97, 113 (D.D.C.2000). However, "i[f] death was instantaneous there can be no recovery...." Id. at 112 (citation omitted). When a serviceman suffers severe emotional injury without physical injury, this Court has typically awarded the victim $1.5 million. See Valore, 700 F.Supp.2d at 85; Bland, 831 F.Supp.2d at 155, 2011 WL 6396527 at *3.
Again, this Court ADOPTS all of special master awards for pain and suffering unless otherwise discussed below:
The special master recommends a $5 million pain and suffering award for serviceman Gary Wayne Allison. Report of Special Master Concerning Counts LIII-LVI [ECF No. 76], at 9. Mr. Allison suffered hearing loss and severe PTSD as a result of the bombing. Id. at 7. In light of the less severe nature of his physical injuries, while not ignoring his severe emotional injuries, the Court finds a more
The special master recommends a $5 million pain and suffering award for serviceman John W. Nash. Report of Special Master Concerning Counts CXII-CXVI [ECF No. 109], at 31. Mr. Nash was "covered in cuts and bruises by the blast, and coated in gray dust and debris from the building, but [was] otherwise unharmed." Id. at 7. In light of the less severe nature of his physical injuries, while not ignoring his severe emotional injuries, the Court finds a more appropriate pain and suffering award to be $2 million.
The special master recommends a $3 million pain and suffering award for serviceman Charles Simmons. Report of Special Master Concerning Count CLII-CLV [ECF No. 40], at 10. Mr. Simmons was "asleep in his tent with several other motor pool staff at the time of the bombing." Id. at 5. While the record reflects that Mr. Simmons suffered severe emotional injuries, it does not reflect that he suffered any physical injury, and therefore the Court finds a more appropriate pain and suffering award to be $1.5 million.
The special master recommends a $5 million pain and suffering award for serviceman Thomas Andrew Walsh. Report of Special Master Concerning Counts CLXV-CLXIX [ECF No. 105], at 19. Mr. Walsh suffered hearing loss and severe PTSD as a result of the bombing. Id. at 5-6. In light of the less severe nature of his physical injuries, while not ignoring his severe emotional injuries, the Court finds a more appropriate pain and suffering award to be $2 million.
The special master recommends a $5 million pain and suffering award for serviceman Gerald Wilkes, Jr. Report of Special Master Concerning Counts CLXXV-CLXXIX [ECF No. 112], at 11. While the record reflects that Mr. Wilkes suffered severe emotional injuries, it does not contain any medical evidence that he suffered physical injury, and therefore the Court finds a more appropriate pain and suffering award to be $1.5 million.
The special master recommends a $2 million pain and suffering award for serviceman Michael Corrigan. Report of Special Master Concerning Counts LXX-LXXII [ECF No. 38], at 10. Mr. Corrigan was stationed on the USS Iowa Jima at the time of the attack, but participated extensively in the rescue operations. Id. at 4. He later received a 70% VA disability rating. Id. at 7. While the record reflects that Mr. Corrigan suffered severe emotional injuries, it does not reflect that he suffered any physical injury, and therefore the Court finds a more appropriate pain and suffering award to be $1.5 million.
In addition to pain and suffering, several plaintiffs who survived the attack and the estates of several survivors have proven to the satisfaction of the special master, and thus to the satisfaction of the Court, lost wages resulting from permanent and debilitating injuries suffered in the attack or loss of accretions to the estate resulting from the wrongful death of decedents in the attack. See Valore, 700 F.Supp.2d at 85. The Court therefore ADOPTS without modification the damages awarded for economic loss recommended by the special master.
This Court developed a standardized approach for FSIA intentional infliction of emotional distress, or solatium, claims in Heiser v. Islamic Republic of Iran, where it surveyed past awards in the context of deceased victims of terrorism to determine
In applying this framework, however, courts must be wary that "[t]hese numbers... are not set in stone," Murphy v. Islamic Republic of Iran, 740 F.Supp.2d 51, 79 (D.D.C.2010), and that deviations may be warranted when, inter alia, "evidence establish[es] an especially close relationship between the plaintiff and decedent, particularly in comparison to the normal interactions to be expected given the familial relationship; medical proof of severe pain, grief or suffering on behalf of the claimant [is presented]; and circumstances surrounding the terrorist attack [rendered] the suffering particularly more acute or agonizing." Oveissi, 768 F.Supp.2d at 26-27.
This Court ADOPTS all of the facts found and recommendations made by the special master concerning solatium awards unless otherwise discussed below:
The Restatement (Second) of Torts § 46 has traditionally guided this Court in deciding who has standing to recover solatium damages in FSIA § 1605A cases. See Heiser v. Islamic Republic of Iran (Heiser II), 659 F.Supp.2d 20, 26 (D.D.C.2009) (Lamberth, C.J.); Valore, 700 F.Supp.2d at 79; Valencia v. Islamic Republic of Iran, 774 F.Supp.2d 1, 14 (D.D.C.2010) (Lamberth, C.J.); Reed v. Islamic Republic of Iran, No. 03-cv-2657, 845 F.Supp.2d 204 (D.D.C. Feb. 28, 2012) (Urbina, J.), 2012 WL 639139 at *6 n. 4. Restatement § 46 states that
In the terrorism context, this Court has strictly interpreted § 46(2)(a)'s "immediate family" requirement while loosely interpreting its "presence" requirement. Valore, 700 F.Supp.2d at 79-80; Heiser II, 659 F.Supp.2d at 28-29. Thus, nieces, nephews, uncles, aunts, non-adoptive stepparents, and non-adoptive stepchildren generally may not collect solatium damages under FSIA § 1605A. Valore, 700 F.Supp.2d at 79. By contrast, this Court has allowed those who are "functional equivalent of immediate family members" to receive solatium awards. Id.
This Court has not yet specifically considered whether FSIA § 1605A(c) allows surviving servicemen's children born after the date of the bombing — October 23, 1983 — to collect solatium awards (referred to by the special master and this Court as "after-born children"). The special master found that Iran's actions "were of such a nature that their effect continued beyond the immediacy of the October 1983 bombing." Report of Special Master Concerning Counts CXCVIII, [ECF No. 116], at 10. Therefore, the special master recommends solatium awards for various plaintiffs who are after-born children.
While this Court agrees with the special master that the bombing's impact on the surviving servicemen and their families continued long after the attack, Restatement § 46 requires that the bombing be "directed at a third person." (emphasis added). It is true that "a terrorist attack — by its nature — is directed not only at the victim but also at the victims' families." Heiser, 659 F.Supp.2d at 27 (quoting Salazar, 370 F.Supp.2d at 115). However, the special master goes too far in assuming that the attack was "directed at" both the family members then-alive — who may clearly recover — while also being "directed at" unborn family members, a potentially unlimited class. This class of after-born plaintiffs eligible to recover could remain open for decades after a terrorist attack. For example, under the special master's interpretation, children born in 2012 — almost 30 years after the bombing — could be eligible for solatium awards. Congress did not intend for FSIA § 1605A(c) to create such an expansive and indefinite scope of liability. As this Court has noted, "[s]ome lines must be drawn." Heiser, 659 F.Supp.2d at 27. In light of this Court's strict interpretation of the "immediate family" requirement, as well as Restatement § 46's "directed at" requirement, this Court holds that a plaintiff bringing an action under § 1605A must have been alive at the time of the attack in order to collect solatium damages.
Therefore, the following after-born children plaintiffs are DISMISSED: Marvin Albright, Jr., Shateria Albright, Mark E. Bartholomew, Michelle Burnette, Evan Burnette, Christopher Eaves, India Eaves, Joseph Matthew Garner, Justina Nicole Garner, Reva Paige Garner, Estate of Chadwick Matthews, Drew Matthews, Abigail Elizabeth Santos, Alexandra Elizabeth Santos, Cooper Jeffrey Santos, Libbi Elizabeth Santos, Lilli Elizabeth Santos, Gerald Wilkes III, Justin Wilkes, Joshua Wilkes, and Elizabeth M. Struble.
In Bland and O'Brien this Court held that it is inappropriate for the solatium awards of family members to exceed the pain and suffering awards of the surviving servicemen. Bland, 831 F.Supp.2d at 157, 2011 WL 6396527, at *5; O'Brien, 853 F.Supp.2d at 47, 2012 WL 1021471, at *3. In those cases, the servicemen received $1.5 million pain and suffering awards. Id.
Two family groupings deserve further discussion. The special master recommends a $5 million pain and suffering award for serviceman John W. Nash. Report of Special Master Concerning Counts CXII-CXVI [ECF No. 109], at 31. Mr. Nash was "covered in cuts and bruises by the blast, and coated in gray dust and debris from the building, but [was] otherwise unharmed." Id. at 7. In light of the less severe nature of his physical injuries, while not ignoring his severe emotional injuries, the Court reduced his pain and suffering award to $2 million. See supra Part III.A. Therefore, John's parents, Rose Ann Nash and the Estate of Frank E. Nash, will receive reduced awards of $1 million each, and his siblings, William H. Nash, Mark S. Nash, Frank E. Nash, Jr., Jaklyn Milliken, and Rosemarie Vilet, will receive reduced awards of $650,000 each.
Second, the special master recommends a $5 million pain and suffering award for serviceman Thomas Andrew Walsh. Report of Special Master Concerning Counts CLXV-CLXIX [ECF No. 105], at 19. Mr. Walsh suffered hearing loss and severe PTSD as a result of the bombing. Id. at 5-6. In light of the less severe nature of his physical injuries, while not ignoring his severe emotional injuries, the Court reduced his pain and suffering award to $2 million. See supra Part II I.A. Therefore, his parents, Charles Walsh and Ruth Walsh, will receive reduced awards of $1 million each, and his siblings, Pat Campbell, Rachel Walsh, Timothy Walsh, Michael Walsh, and the Estate of Sean Walsh, will receive reduced awards of $650,000 each.
In a number of situations, the special master indicates no intent to depart from this Court's established damages framework, but nonetheless recommends awards inconsistent with the framework. Therefore, the Court will correct the following awards to conform them to this Court's past damages awards:
Additionally, the Court DISMISSES the claims of Tracy Ann Santos, Sandra Rivers and Sylvia Eaves because they were not married to the servicemen at the time of the attack and therefore do not qualify as "immediate family" for the purposes of recovery. Peterson II, 515 F.Supp.2d at 46 n. 21; Bland, 831 F.Supp.2d at 157, 2011 WL 6396527, at *4.
In assessing punitive damages, this Court has observed that any award must balance the concern that "[r]ecurrent awards in case after case arising out of the same facts can financially cripple a defendant, over-punishing the same conduct through repeated awards with little deterrent effect....," Murphy, 740 F.Supp.2d at 81, against the need to continue to deter "the brutal actions of defendants in planning, supporting and aiding the execution of [terrorist attacks]," Rimkus v. Islamic Republic of Iran, 750 F.Supp.2d 163, 184 (D.D.C.2010). To accomplish this goal, this Court — relying on the Supreme Court's opinion in Philip Morris USA v. Williams, 549 U.S. 346, 127 S.Ct. 1057, 166 L.Ed.2d 940 (2007) — held that the calculation of punitive damages in subsequent related actions should be directly tied to the ratio of punitive to compensatory damages set forth in earlier cases. Murphy, 740 F.Supp.2d at 81-82. Thus, in Murphy this Court applied the ratio of $3.44 established in Valore — an earlier FSIA case arising out of the Beirut bombing. Id. at 82-83 (citing Valore, 700 F.Supp.2d at 52); see also Bland, 831 F.Supp.2d at 158, 2011 WL 6396527, at *6. Here, the Court will again apply this same $3.44 ratio, which has been established as the standard ratio applicable to cases arising out of the Beirut bombing. Application of this ratio results in a total punitive damages award of $1,674,997,937.
In closing, the Court applauds plaintiffs' persistent efforts to hold Iran and MOIS accountable for their support of terrorism. The Court concludes that defendants Iran and MOIS must be punished to the fullest extent legally possible for the bombing in Beirut on October 23, 1983. This horrific and cowardly act impacted countless individuals and their families, many of whom receive awards in this lawsuit. This Court hopes that the victims and their families may find some measure of solace from this Court's final judgment. For the reasons set forth above, the Court finds that defendants are responsible for plaintiffs' injuries and thus liable under the FSIA's state-sponsored terrorism exception for $486,918,005 in compensatory damages and $1,674,997,937 in punitive damages, for a total award of $2,161,915,942.
A separate Order and Judgment consistent with these findings shall be entered this date.
SO ORDERED.
In accordance with the Memorandum Opinion issued this date, it is hereby
ORDERED that final judgment is entered in favor of plaintiffs and against all defendants; it is furthermore
ORDERED that plaintiffs are awarded $486,918,005 in compensatory damages and $1,674,997,937 in punitive damages, for a total award of $2,161,915,942 to be distributed as follows:
Pain and Economic Plaintiff Name Suffering Loss Solatium Punitive Totals Faith Albright $0 $0 $4,000,000 $13,760,000 $17,760,000 Gary Wayne Allison $2,000,000 $1,661,410 $0 $12,595,250 $16,256,660 C. Keith Bailey $0 $820,895 $0 $ 2,823,879 $ 3,644,774 Charles E. Bailey $0 $0 $5,000,000 $17,200,000 $22,200,000 Vina S.Bailey $0 $0 $5,000,000 $17,200,000 $22,200,000 Karen L. Cooper $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Mark Bartholomew $1,500,000 $1,917,355 $0 $11,755,701 $15,173,056 Teresa Bartholomew $0 $0 $1,000,000 $ 3,440,000 $ 4,440,000 Crystal Bartholomew $0 $0 $750,000 $ 2,580,000 $ 3,330,000 Jerry Bartholomew $0 $0 $850,000 $ 2,924,000 $ 3,774,000 Joyce Bartholomew $0 $0 $850,000 $ 2,924,000 $ 3,774,000 Arthur Johnson $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Robert Bragg $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 Thomas D. Brown, Jr. $5,000,000 $1,836,042 $0 $23,515,984 $30,352,026 Jeanette Odom $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Deborah Vogt $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Christopher Burnette $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Connie Decker $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Gwen Burnette $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Gwen Woodcock $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Lisa Burleyson $0 $0 $4,000,000 $13,760,000 $17,760,000 Mecot Echo Camara $0 $0 $3,000,000 $10,320,000 $13,320,000 Dale Comes $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Tommy Comes $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Estate of Bert Daniel Corcoran $0 $808,281 $0 $ 2,780,487 $ 3,588,768 Kathleen Collins $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Catherine Corcoran $0 $0 $5,000,000 $17,200,000 $22,200,000 Estate of Robert Alton Coreoran $0 $0 $5,000,000 $17,200,000 $22,200,000 Estate of Keith Alton Corcoran $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Robert Brian Corcoran $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Elizabeth Ann Ortiz $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Michael Corrigan $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 Estate of Andrew Davis $0 $3,010,735 $0 $10,356,928 $13,367,663 Carolyn Davis $0 $0 $8,000,000 $27,520,000 $35,520,000 Jennifer Davis $0 $0 $3,000,000 $10,320,000 $13,320,000 Estate of Frederick Douglass $0 $452,109 $0 $ 1,555,255 $ 2,007,364 Shirley Douglass Miller $0 $0 $8,000,000 $27,520,000 $35,520,000
Susan Baker $0 $0 $3,000,000 $10,320,000 $13,320,000 Regina Periera $0 $0 $3,000,000 $10,320,000 $13,320,000 Richard Dudley $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 Toledo Dudley $0 $0 $1,000,000 $ 3,440,000 $ 4,440,000 Sherry Latoz $0 $0 $750,000 $ 2,580,000 $ 3,330,000 Cynthia Blankenship $0 $0 $750,000 $ 2,580,000 $ 3,330,000 Ginger Tuton $0 $0 $750,000 $ 2,580,000 $ 3,330,000 Scott Dudley $0 $0 $750,000 $ 2,580,000 $ 3,330,000 David Eaves $0 $0 $500,000 $ 1,720,000 $ 2,220,000 Estate of Roy Edwards $0 $839,224 $0 $ 2,886,931 $ 3,726,155 Cindy Colasanti $0 $0 $3,000,000 $10,320,000 $13,320,000 Estate of Barbara Edwards $0 $0 $8,000,000 $27,520,000 $35,520,000 Estate of Penny Garner $0 $0 $4,000,000 $13,760,000 $17,760,000 Estate of David D. Gay $0 $2,955,735 $0 $10,167,728 $13,123,463 Gail Black $0 $0 $8,000,000 $27,520,000 $35,520,000 Estate of Neva Jean Gay $0 $0 $5,000,000 $17,200,000 $22,200,000 Ronald Gay $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Timothy Gay $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Rebecca Cordell $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Estate of David D. Gay, Sr. $0 $0 $5,000,000 $17,200,000 $22,200,000 Estate of Warner Gibbs, Jr. $0 $1,512,952 $0 $ 5,204,555 $ 6,717,507 Freda Gibbs Hutcherson $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Larry Gibbs $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Marcus A. Lewis $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Estate of Warner Gibbs, Sr. $0 $0 $5,000,000 $17,200,000 $22,200,000 Estate of Janet Yvonne $0 $0 $5,000,000 $17,200,000 $22,200,000 Lewi s Earl Guy $5,000,000 $0 $0 $17,200,000 $22,200,000 Joan M. Crawford $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Ian Guy $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Eddie Guy, Jr. $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Adam Guy $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Estate of Douglas Held $0 $647,291 $0 $ 2,226,681 $ 2,873,972 Estate of Sondra Lou Held $0 $0 $5,000,000 $17,200,000 $22,200,000 Patrick Held $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Thomas Held $0 $0 $5,000,000 $17,200,000 $22,200,000 Thomas Hoke $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 Glenn W. Hollis $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 Jane Costa $0 0 $500,000 $ 1,720,000 $ 2,220,000 Estate of Ann Hollis $0 $0 $1,000,000 $ 3,440,000 $ 4,440,000 Jack Darrell Hunt $0 $0 $1,500,000 $ 5,160,000 $ 6,660,000
Mendy Leight Hunt $0 $0 $1,500,000 $ 5,160,000 $ 6,660,000 Molly Pay Hunt $0 $0 $1,500,000 $ 5,160,000 $ 6,660,000 Estate of John Ingalls $0 $727,808 $0 $ 2,503,660 $ 3,231,468 James Ingalls $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Joseph Ingalls $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Kevin Jiggetts $5,000,000 $2,337,391 $0 $25,240,625 $32,578,016 Donald Long $8,000,000 $1,710,395 $0 $33,403,759 $43,114,154 Robert Lynch $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 Estate of Manual Massa, Sr. $0 $0 $5,000,000 $17,200,000 $22,200,000 Tim McCoskey $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 Ronald L. Moore $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 John W. Nash $2,000,000 $0 $0 $ 6,880,000 $ 8,880,000 Rose Ann Nash $0 $0 $1,000,000 $ 3,440,000 $ 4,440,000 Estate of Frank E. Nash $0 $0 $1,000,000 $ 3,440,000 $ 4,440,000 William H. Nash $0 $0 $650,000 $ 2,236,000 $ 2,886,000 Mark S. Nash $0 $0 $650,000 $ 2,236,000 $ 2,886,000 Frank E. Nash, Jr. $0 $0 $650,000 $ 2,236,000 $ 2,886,000 Jaklyn Milliken $0 $0 $650,000 $ 2,236,000 $ 2,886,000 Rosemarie Vliet $0 $0 $650,000 $ 2,236,000 $ 2,886,000 Cataldo Anthony Nashton $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Claudia Comino $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Mark Nashton $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Myles Nashton $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Jennifer Page Nelson $0 $0 $8,000,000 $27,520,000 $35,520,000 Timothy Price $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Estate of Betty Lou Price $0 $0 $5,000,000 $17,200,000 $22,200,000 James M. Puckett $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 Ronald Putnam $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 Bruce H. Richardson $1,500,000 $2,053,158 $0 $12,222,864 $15,776,022 Bernice Rivers $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Barbara Ann Russell $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Robert Emmett Russell $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Glenn Edward Russell $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Charles Edward Russell, Jr. $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Jean Louis Brown $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Nancy MacDonald $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Diane Carol Higgins $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Estate of Thomas Russell $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Thomas Rutter $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 John Santos $5,000,000 $2,014,177 $0 $24,128,769 $31,142,946 Raoul Santos (father) $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Mary Santos $0 $0 $2,500,000 $ 8,600,000 $11,100,000
Donna Duffy $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Mary Cropper $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Doreen Callanan $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Jean Winner $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Kevin Santos $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Raoul Santos (brother) $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Joseph Richard Schneider $5,000,000 $1,601,932 $0 $22,710,646 $29,312,578 Morris Schneider $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Jacqueline Gibson $0 $0 $1,500,000 $ 5,160,000 $ 6,660,000 Paul Segarra $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 Steven Shapuras $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 David W. Sharp $3,000,000 $0 $0 $10,320,000 $13,320,000 Charles Simmons $1,500,000 $1,570,317 $0 $10,561,890 $13,632,207 Estate of Thomas D. Stowe $0 $1,964,761 $0 $ 6,758,778 $ 8,723,539 David Stowe $0 $0 $5,000,000 $17,200,000 $22,200,000 Barbara Stowe $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Priscilla Stowe $0 $0 $5,000,000 $17,200,000 $22,200,000 Samantha Stowe $0 $0 $3,000,000 $10,320,000 $13,320,000 Donna Baloga $0 $0 $8,000,000 $27,520,000 $35,520,000 Edward J. Streker $1,500,000 $2,528,137 $0 $13,856,791 $17,884,928 Estate of Henry Townsend, Jr. $10,000,000 $3,066,242 $0 $44,947,872 $58,014,114 Lillian Townsend $0 $0 $5,000,000 $17,200,000 $22,200,000 Henry Townsend $0 $0 $5,000,000 $17,200,000 $22,200,000 Marcia C. Townsend-Tippett $0 $0 $8,000,000 $27,520,000 $35,520,000 Valerie Tatum $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Cynthia Green $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Kawanna Duncan $0 $0 $3,000,000 $10,320,000 $13,320,000 John Turner $5,000,000 $1,120,925 $0 $21,055,982 $27,176,907 Judith Turner $0 $0 $4,000,000 $13,760,000 $17,760,000 Thomas Andrew Walsh $2,000,000 $0 $0 $ 6,880,000 $ 8,880,000 Charles Walsh $0 $0 $1,000,000 $ 3,440,000 $ 4,440,000 Ruth Walsh $0 $0 $1,000,000 $ 3,440,000 $ 4,440,000 Pat Campbell $0 $0 $650,000 $ 2,236,000 $ 2,886,000 Rachel Walsh $0 $0 $650,000 $ 2,236,000 $ 2,886,000 Timothy Walsh $0 $0 $650,000 $ 2,236,000 $ 2,886,000 Michael Walsh $0 $0 $650,000 $ 2,236,000 $ 2,886,000 Estate of Sean Walsh $0 $0 $650,000 $ 2,236,000 $ 2,886,000 Patricia Fitzgerald Washington $0 $0 $8,000,000 $27,520,000 $35,520,000 Gerald Foister $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Estate of Tandy W. Wells $0 $1,859,348 $0 $ 6,396,157 $ 8,255,505
Danny Holland Wells $0 $0 $2,500,000 $ 8,500,000 $11,100,000 Edith Holland Wells $0 $0 $5,000,000 $17,200,000 $22,200,000 Estate of Harold Dean $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Wells Frances Mangrum $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Stella Wells George $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Cleta Wells $0 $0 $8,000,000 $27,520,000 $35,520,000 Timothy Shon Wells $0 $0 $3,000,000 $10,320,000 $13,320,000 Michael Shane Wells $0 $0 $3,000,000 $10,320,000 $13,320,000 Perry Glenn Wells $0 $0 $2,500,000 $ 8,600,000 $11,100,000 Bryan K. Westrick $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 JohnWestriek $0 $0 $850,000 $ 2,924,000 $ 3,774,000 Patricia Westrick $0 $0 $850,000 $ 2,924,000 $ 3,774,000 Whitney R. Westrick $0 $0 $500,000 $ 1,720,000 $ 2,220,000 Gerald Wilkes, Jr. $1,500,000 $2,551,385 $0 $13,936,764 $17,988,149 Gerald Wilkes, Sr. $0 $0 $850,000 $ 2,924,000 $ 3,744,000 Estate of Peggy Wilkes $0 $0 $850,000 $ 2,924,000 $ 3,774,000 Estate of Dorothy Williams $0 $0 $5,000,000 $17,200,000 $22,200,000 Bill Williamson $0 $0 $5,000,000 $17,200,000 $22,200,000 Deborah Wise $0 $0 $1,250,000 $ 4,300,000 $ 5,550,000 Michael Zilka $1,500,000 $0 $0 $ 5,160,000 $ 6,660,000 Sue Zilka $0 $0 $1,000,000 $ 3,440,000 $ 4,440,000
ORDERED that defendants shall be liable, jointly and severally, for the entire $2,161,915,942 amount; it is furthermore
ORDERED that the claims of the following plaintiffs are DISMISSED WITHOUT PREJUDICE for failure to prosecute: Merequin Albright, Anthony Banks, Jr., Theresa Briggs, Elisa Camara-Thompson, Estate of Frances Eaves, Estate of Nina Eaves Stockwell, Harvey Martin Bastian, Charles Frye, Jr., Gina Frye, Lincoln Frye, Randall Frye, Donald Hammons, Marcy Elizabeth Hunt, Jeremy Rivers, Paul Rivers, Richard Lynde Foley, Cassie Lemire, Thomas Sharp, Davene Sharp, Andrew K. Westrick, Aaron M. Westrick, Michael Zilka, Jr., Courtney Zilka, Christopher Zilka, Myriah Zilka; it is furthermore
ORDERED that the claims of the following after-born children plaintiffs are DISMISSED WITH PREJUDICE: Marvin Albright, Jr., Shateria Albright, Mark E. Bartholomew, Michelle Burnette, Evan Burnette, Christopher Eaves, India Eaves, Joseph Matthew Garner, Justina Nicole Garner, Reva Paige Garner, Estate of Chadwick Matthews, Drew Matthews, Abigail Elizabeth Santos, Alexandra Elizabeth Santos, Cooper Jeffrey Santos, Libbi Elizabeth Santos, Lilli Elizabeth Santos, Gerald Wilkes III, Justin Wilkes, Joshua Wilkes, Elizabeth M. Struble; it is furthermore
ORDERED that the claims of the following spouses who were unmarried to the injured servicemen at the time of the attack are DISMISSED WITH PREJUDICE: Tracy Ann Santos, Sandra Rivers, and Sylvia Eaves; it is furthermore
ORDERED that plaintiffs shall forthwith, at their own cost and consistent with
This is a final, appealable order. See Fed. R. App. P. (4)(a).
SO ORDERED.
