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Estate of John Buonocore Iii, et al v. Great Socialist People's Libyan

January 29, 2013

ESTATE OF JOHN BUONOCORE III, ET AL., PLAINTIFFS,
v.
GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, ET AL., DEFENDANTS. VICTOR SIMPSON, ET AL., PLAINTIFFS,
v.
GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: John M. Facciola U.S. Magistrate Judge

SECOND FINDINGS OF FACT AND CONCLUSIONS OF LAW*fn1 AND ORDER

This opinion addresses, but does not fully resolve, the claims brought by the following plaintiffs: 1) Bruno Pepenella, 2) Armando Pepenella (estate of), 3) Salavatore Ferrigno, and 4) Francesco Zerelli.

FINDINGS OF FACT

I. The Tommarello/Pepenella Family

A. Elena Tommarello*fn2

1. Elena Tommarello ("Elena") was born in Italy on January 18, 1918, and became a naturalized U.S. citizen on November 10, 1972. (Ex. 89; B. Pepenella, T-24-122)

2. From the time of her naturalization until the date of her death, Elena did not renounce her U.S. citizenship, and she remained a U.S. citizen. (B. Pepenella, T-24-137)

3. At the time of her death, Elena had two sons: 1) Bruno Pepenella ("Bruno"); and

2) Armando Pepenella ("Armando"). (A. Pepenella, T-24-139)

B. Bruno Pepenella

4. Bruno is a U.S. permanent resident. (Ex. 68) He lives in Pennsylvania. Buonocore, Civil Action No. 06-727, Second Amended Complaint for Compensatory and Punitive Damages [#82] ¶ 29.*fn3

C. Armando Pepenella

5. Armando, who was a U.S. permanent resident (Ex. 69 at 7), died on August 13, 2011. Buonocore, Civil Action No. 06-727, Plaintiffs' Motion for Substitution of Party [#100] at

1. He lived in Florida. [#82] ¶ 28. 6. On June 8, 2012, Bennett L. Wetzell was appointed the personal representative of Armando's estate. Buonocore, Civil Action No. 06-727, Plaintiffs' Motion for Substitution of Party [#100] at 1.

C. The Attack and its Aftermath

7. On the morning of December 27, 1985, Elena was at the Rome Fiumicino airport preparing to travel back to the U.S. to spend the New Year's holiday with her children and grandchildren. (B. Pepenella, T-24-130)

8. After the attack, Elena was transported to the hospital, where she died in the early hours of December 28, 1985. (Ex. 91; B. Pepenella, T-24-132-33)

9. Armando testified about what the doctor told him about his mother's condition: "The doctor told me that her body was shattered from the waste [sic] down -- her midriff and legs -- by bullets fired by an automatic weapon. The doctor told me that she was conscious in the hospital and aware of what was happening but that her condition was very grave . . . She lived for many hours, and was conscious for part of them, with these horrific wounds." (Ex. 69 -- A. Pepenella, Affidavit ¶¶ 14-15)

10. Bruno testified that prior to his marriage, his mother lived with him, and that even after he was married, his relationship with his mother remained very close. (B. Pepenella, T-24-128)

11. Bruno testified that after he was married, he saw his mother once or twice every week. (B. Pepenella, T-24-128)

12. Bruno testified that every time his mother would travel, Bruno would have her stay at his house the night before, and cook dinner for her. (B. Pepenella, T-24-129-30)

13. Bruno testified about how he felt after his mother died: "For two years, you know, I couldn't get out of my mind after that happened. I had a pain in my stomach, and I don't know where it was, whatever it is called, in other words, the anxiety. And they said it was the tension from my mother that I was so tied up that's why it was hurt.

There was nothing hurt as sickness, in other words. It was from the muscles pain that I had, and my muscles tied up, and that's what caused me the pain. And for two years, I tell you, it was pain because you remember the things. Every time I go to wash my face in the mirror, my mother appears there. It was very, very stressful for the first two years. It still comes up every once in awhile [sic]; but, you know, things get away, especially when you don't mention. When you start talking about it, it brings back bad memories . . . The worst part is, you know, she died, and I couldn't say good-bye, I couldn't say how much I love her." (B. Pepenella, T-24-135-36)

14. Armando testified about how he felt when he found out his mother had been shot: "I was shocked and in panic. All I wanted to do was get to her to be with her. I began to realize that I would probably not be able to make it to Italy before she died. I felt totally helpless . . . My mother died the next day, December 28, 1985, in the early morning hours . . . I was devastated and in disbelief. She lived for many hours and was conscious for part of them with these horrific wounds . . . One of the hardest things to live with has always been that I was not able to see my mother one last time to say good-bye to her . . . There are no words that can adequately describe the pain or express the loss. Preparing this document has brought back many painful emotions." (A. Pepenella, T-24-139-40)

II. Salvatore Ferrigno

A. Salvatore Ferrigno

15. Salvatore Ferrigno ("Salvatore") was born in Italy on February 28, 1960. (Ex. 22; ...


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