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Owens v. Republic of Sudan

United States District Court, D. Columbia.

October 24, 2014

JAMES OWENS, et al., Plaintiffs,
v.
REPUBLIC OF SUDAN, et al., Defendants

Page 253

[Copyrighted Material Omitted]

Page 254

For JAMES OWENS, Plaintiff: Annie P. Kaplan, Caragh Glenn Fay, Joseph William Fay, Thomas Fortune Fay, LEAD ATTORNEYS, Molly Patricia Hoffman, William Coleman Dowden, III, FAY KAPLAN LAW, P.A., Washington, DC; Stephen Norman Weiss, Law Office of Stephen Norman Weiss, New York, NY.

For VICTORIA J. SPIERS, GARY ROBERT OWENS, BARBARA GOFF, FRANK B. PRESSLEY, JR., YASEMIN B. PRESSLEY, DAVID A. PRESSLEY, THOMAS C. PRESSLEY, MICHAEL F. PRESSLEY, BERK F. PRESSLEY, JON B. PRESSLEY, MARC Y. PRESSLEY, SUNDUS BUYUK, MONTINE BOWEN, FRANK PRESSLEY, SR., BAHAR BUYUK, SERPIL BUYUK, TULAY BUYUK, AHMET BUYUK, DOROTHY WILLARD, ELLEN MARIE BOMER, DONALD BOMER, MICHAEL JAMES CORMIER, ANDREW JOHN WILLIAM CORMIER, ALEXANDRA RAIN CORMIER, PATRICIA FEORE, CLYDE M. HIRN, ALICE M. HIRN, PATRICIA K. FAST, INEZ P. HIRN, JOYCE REED, WORLEY LEE REED, CHERYL L. BLOOD, BRET W. REED, RUTH ANN WHITESIDE, LORIE GULICK, PAM WILLIAMS, FLOSSIE VARNEY, LYDIA SPARKS, HOWARD SPARKS, TABITHA CARTER, HOWARD SPARKS, JR., MICHAEL RAY SPARKS, GARY O. SPIERS, VICTORIA Q. SPIERS, JULITA A. QUALICIO, Plaintiffs: Thomas Fortune Fay, LEAD ATTORNEY, FAY KAPLAN LAW, PA, Washington, DC; Stephen Norman Weiss, Law Office of Stephen Norman Weiss, New York, NY.

For ALL PLAINTIFFS, Plaintiff: William Coleman Dowden, III, Caragh Glenn Fay, LEAD ATTORNEY, Thomas Fortune Fay, FAY KAPLAN LAW, P.A., Washington, DC; Ronald Alvin Karp, KARP, FROSH, WIGODSKY & NORWIND, P.A., Rockville, MD; Stephen Norman Weiss, Law Office of Stephen Norman Weiss, New York, NY; Tuna Mecit, Washington, DC.

For JESSE NATHANAEL ALIGANGA, Decedent, JULIAN LEOTIS BARTLEY, SR., Decedent, JULIAN LEOTIS BARTLEY, JR., JEAN ROSE DALIZU, Decedent, MOLLY HUCKABY HARDY, Decedent, KENNETH RAY HOBSON, II, Decedent, ARLENE BRADLEY KIRK, Decedent, MARY LOUISE MARTIN, Decedent, ANN MICHELLE O'CONNOR, Decedent, SHERRY LYNN OLDS, Decedent, PRABHI GUPTARA KAVALER, Decedent, HOWARD CHARLES KAVALER, Decedent, TARA LIA KAVALER, MAYA PIA KAVALER, PEARL DANIELS KAVALER, Decedent, LEON KAVALER, Decedent, RICHARD MARTIN KAVALER, CLARA LEAH ALIGANGA, LEAH ANN COLSTON, GLADIS BALDWIN BARTLEY Decedent, EGAMBI FRED KIBUHIRU DALIZU, TEMINA ENGESIA DALIZU, LAWRENCE ANTHONY HICKS, MANGIARU VIDIJA DALIZU, LORI ELAINE DALIZU, ROSE BANKS FREEMAN Decedent, JUNE BEVERLY FREEMAN, JAMES HERBERT FREEMAN Decedent, SHEILA ELAINE FREEMAN, GWENDOLYN TAUWANA GARRETT, JEWELL PATRICIA NEAL, JOYCE MCCRAY, JEANETTE ELLA MARIE GOINES Decedent, BRANDI PLANTS, JANE HUCKABY Decedent, DEBORAH HOBSON-BIRD, MEGHAN ELIZABETH HOBSON, BONNIE SUE HOBSON, KENNETH RAY HOBSON, II Decedent, ROBERT KIRK, JR., ROBERT MICHAEL KIRK, MAISHA KIRK HUMPHREY, NEAL ALAN BRADLEY, KATHERINE BRADLEY WRIGHT Decedent, KENNETH ALBA BRADLEY Decedent, DENNIS ARTHUR BRADLEY, PATRICIA ANNE BRADLEY WILLIAMS Decedent, JAMES ROBERT KLAUCKE, KAREN MARIE KLAUCKE, JOSEPH DENEGRE MARTIN, JR. Decedent, MARTHA MARTIN OURSO, KATHLEEN MARTIN BOELLERT, GWENDOLYN FREDERIC DENEY, JOSEPH DENEGRE MARTIN, III Decedent, STEPHEN HARDING MARTIN, JAMES PAUL O'CONNOR, MICAELA ANN O'CONNOR, TARA COLLEEN O'CONNOR, DELBERT RAYMOND OLDS, JENNIFER ERIN PEREZ, MARSEY GAYLE CORNETT, CHRISTA GAY FOX, MAY EVELYN FREEMAN OLDS, KIMBERLY ANN ZIMMERMAN, MARY LINDA SUE BARTLEY, EDITH LYNN BARTLEY, MARY KATHERINE BRADLEY, DOUGLAS NORMAN KLAUCKE, WILLIAM RUSSELL KLAUCKE, SUSAN ELIZABETH MARTI BRYSON, Intervenor Plaintiffs: Aryeh S. Portnoy, John L. Murino, Laurel Pyke Malson, Stuart H. Newberger, LEAD ATTORNEYS, CROWELL & MORING LLP, Washington, DC; Ariel E. Applebaum-Bauch, Joanna G. Slott, CROWELL & MORING LLP; Jesse J. Kirchner, PRO HAC VICE, CROWELL & MORING LLP, Washington, DC.

For REPUBLIC OF SUDAN, Defendant: Asim A. Ghafoor, LEAD ATTORNEY, LAW OFFICE OF ASIM GHAFOOR, Washington, DC.

For FEDERAL BUREAU OF PRISONS, Interested Party: Rhonda C. Fields, U.S. ATTORNEY'S OFFICE, Washington, DC.

JAMES ROTH, Esq., Interested Party, Pro se, New York, NY.

For JAMES ROTH, Esq., Interested Party: Ariel E. Applebaum-Bauch, Joanna G. Slott, CROWELL & MORING LLP; Jesse J. Kirchner, PRO HAC VICE, CROWELL & MORING LLP, Washington, DC.

For U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL, Interested Party: Tamra Tyree Moore, LEAD ATTORNEY, U.S. DEPARTMENT OF JUSTICE, Washington, DC.

For HARLEY G. LAPPIN, Director, Federal Bureau of Prisons, Movant: Rhonda C. Fields, U.S. ATTORNEY'S OFFICE, Washington, DC.

For ELIZABETH HOLMAN, Movant: Thomas Fortune Fay, LEAD ATTORNEY, FAY KAPLAN LAW, PA, Washington, DC.

For ALL INTERVENOR PLAINTIFFS, Intervenor: Aryeh S. Portnoy, LEAD ATTORNEY, CROWELL & MORING, LLP, Washington, DC.

For LINDA JANE WHITESIDE LESLIE, Intervenor Plaintiff: Thomas Fortune Fay, LEAD ATTORNEY, FAY KAPLAN LAW, PA, Washington, DC; Stephen Norman Weiss, Law Office of Stephen Norman Weiss, New York, NY; Ariel E. Applebaum-Bauch, Joanna G. Slott, CROWELL & MORING LLP; Jesse J. Kirchner, PRO HAC VICE, CROWELL & MORING LLP, Washington, DC.

For MINISTRY OF THE INTERIOR OF THE REPUBLIC OF THE SUDAN, Defendant: Asim A. Ghafoor, LEAD ATTORNEY, LAW OFFICE OF ASIM GHAFOOR, Washington, DC.

Page 255

AMENDED MEMORANDUM OPINION

JOHN D. BATESJOHN D. BATES, United States District Judge.

Over sixteen years ago, simultaneous suicide bombings in Nairobi, Kenya, and Dar es Salaam, Tanzania, devastated two United States embassies, killed hundreds of people, and injured over a thousand more. This Court has entered final judgment on liability under the Foreign Sovereign Immunities Act (" FSIA" ) and District of Columbia law in this and other civil actions--brought by victims of the bombings and their families--against the Republic of Sudan, the Ministry of the Interior of the Republic of Sudan, the Islamic Republic of Iran, and the Iranian Ministry of Information and Security for their roles in these unconscionable acts. And with the help of special masters, the Court has assessed and awarded damages to most of the individual plaintiffs in these cases. See, e.g., Mar. 28, 2014 Mem. Op. [ECF No. 300] at 3. But a few plaintiffs remain. Currently before the Court are a special master's award recommendations for these remaining plaintiffs.

Plaintiffs--the so-called " Aliganga plaintiffs," who take their name from Jesse Nathanael Aliganga, a United States Marine Corps sergeant who died in the 1998 attack--are twelve United States citizens injured or killed in the Nairobi bombing and their immediate family members. See Am. Compl. in Intervention [ECF No. 262] (" Am. Compl." ) at 9; Apr. 11, 2014 Mem. Op. at 1. Although these plaintiffs did not participate in the opening stages of the original Owens lawsuit, this Court allowed them to intervene in this case. July 23, 2012 Order [ECF No. 233] at 1. By that time, other plaintiffs had already served process on each defendant, defendants had failed to respond, and the Court had entered a default against defendants. Moreover, this Court had already held that it has jurisdiction over defendants and that

Page 256

the United States national plaintiffs have a federal cause of action under 28 U.S.C. § 1605A(c), while the foreign-national family members of the bombing victims may pursue their claims under the laws of the District of Columbia.[1] See Owens v. Rep. of Sudan, 826 F.Supp.2d 128, 148-51, 153-57 (D.D.C. 2011). Finally (and perhaps most importantly), this Court had already found that defendants were responsible for supporting, funding, or otherwise carrying out the Nairobi bombing, and it therefore entered final judgment on liability against them pursuant to the FSIA. See id. at 135-47, 157.

The Court then referred the Aliganga plaintiffs' claims to a special master, Paul G. Griffin, to prepare proposed findings of fact and damages recommendations for each plaintiff. Sept. 18, 2012 Order [ECF No. 253] at 1. The special master has now filed his reports, which rely on sworn testimony, expert reports, medical records, and other evidence. See Reports of Special Master [ECF Nos. 332-39, 341-42]; see also Filing of Special Master [ECF No. 344] (" Wolf Expert Report" ). The reports describe the facts relevant to each plaintiff and carefully analyze each plaintiff's claim for damages under the framework established in other mass-tort-terrorism cases from this District. The Court thanks Special Master Griffin for his work.

The Court hereby adopts all facts found by the special master relating to plaintiffs in this case. Where the special master has received evidence sufficient to find that a plaintiff is a United States national and is thus entitled to maintain a federal cause of action, the Court adopts that finding. In addition, the Court adopts the special master's finding that each plaintiff has established the familial relationship necessary to support standing under the FSIA. See 28 U.S.C. § 1605A(a)(2)(A)(ii); see also Owens, 826 F.Supp.2d at 149. The Court also adopts all damages recommendations in the reports--with the exception of the few adjustments described below. See Valore v. Islamic Rep. of Iran, 700 F.Supp.2d 52, 82-83 (D.D.C. 2010) ( " Where recommendations deviate from the Court's damages framework, those amounts shall be altered so as to conform with . . . the framework." (internal quotation marks omitted)). As a result, the Court will award the Aliganga plaintiffs a total judgment of over $622 million.

This opinion and judgment brings to a close this Court's role in assessing the responsibility for, and the damages recoverable as a result of, the 1998 embassy bombings. But the story is hardly over for the victims of these attacks, who not only must continue the effort to actually recover their awarded damages, but, more importantly, must also continue to live with the devastating consequences of these callous acts. That, after all, is the design of such terrorist activity--to inflict present and future fear and pain on individuals and governments. The Court commends the dedicated, creative, and courageous resolve of all plaintiffs--and their conscientious attorneys--in the cases brought against the terrorists responsible for the embassy bombings and their supporters. They have helped to ensure that terrorism, and its support by defendants, will not ultimately succeed in achieving its long-term goals.

CONCLUSIONS OF LAW

Defendants' liability in this case under both the FSIA and District of Columbia law was decided long ago.[2] See Owens, 826 F.Supp.2d at 157.

Page 257

But two questions remain. First, what kinds of damages may plaintiffs recover from the (now liable) defendants? And second, what damages awards are appropriate for each plaintiff?

I. Plaintiffs May Recover Damages Under Either 28 U.S.C. § 1605A or District of Columbia Law

Both the FSIA and District of Columbia law provide a basis for damages awards here. Start with the FSIA. That statute allows United States national plaintiffs to recover various types of damages, including " economic damages, solatium, pain and suffering, and punitive damages." 28 U.S.C. § 1605A(c). But " [t]o obtain damages 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." Valore, 700 F.Supp.2d at 83 (internal quotation marks and alterations omitted).

The Aliganga plaintiffs satisfy these requirements. As discussed in this Court's previous opinions, plaintiffs have proven that the consequences of defendants' conduct were reasonably certain to--and indeed intended to--cause plaintiffs' injuries. See Owens, 826 F.Supp.2d at 135-47. According to the FSIA's remedial scheme, then: " [T]hose 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; [and] family members [so long as they are United States nationals] can recover solatium for their emotional injury." Oveissi v. Islamic Rep. of Iran, 879 F.Supp.2d 44, 55 (D.D.C. 2012); see also Amduso v. Rep. of Sudan, __ F.Supp.2d __, 61 F.Supp.3d 42, 2014 WL 3687126, at *2 (D.D.C. July 25, 2014) (limiting solatium-damages awards under the FSIA to United States national family members). The Court will therefore award plaintiffs " reasonable" economic, pain-and-suffering, and solatium damages, as appropriate.

This conclusion covers all but one of the Aliganga plaintiffs. And District of Columbia law suffices to cover the damages claim of the sole remaining plaintiff: Egambi Fred Kibuhiru Dalizu, who is a national of the Republic of Kenya, and who was the husband of Jean Rose Dalizu, a United States citizen and embassy employee killed in the Nairobi attack. Am.

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Compl. at 44. Dalizu hopes to recover solatium damages under District of Columbia law, because, he alleges, defendants' actions amounted to intentional infliction of emotional distress. As this Court has previously held, District of Columbia law applies to Dalizu's claim. Owens, 826 F.Supp.2d at 153-57. A prima facie claim for intentional infliction of emotional distress under that jurisdiction's law requires Dalizu to show: (1) extreme and outrageous conduct on the part of defendants which, (2) either intentionally or recklessly, (3) causes him severe emotional distress. Larijani v. Georgetown Univ., 791 A.2d 41, 44 (D.C. 2002).

Dalizu meets every element of this tort. Here, just as in the FSIA context, acts of terrorism " by their very definition" amount to extreme and outrageous conduct, Valore, 700 F.Supp.2d at 77 (internal quotation marks omitted), and the facts in this case prove that defendants acted intentionally and recklessly, causing Dalizu severe and lasting emotional trauma, see Report of Special Master [ECF No. 339] (" Dalizu Report" ) at 3-6, 25; see also Owens, 826 F.Supp.2d at 135-46; Murphy v. Islamic Rep. of Iran, 740 F.Supp.2d 51, 74-75 (D.D.C. 2010) (describing an immediate family member's intentional-infliction-of-emotional-distress claim in the state-sponsored-terrorism context). Because Dalizu presented evidence sufficient to prove his intentional-infliction-of-emotional-distress claim under District of Columbia law, and because that law allows spouses to recover solatium damages, see D.C. Code § 16-2701, the Court concludes that he is entitled to recover such damages here.

II. Damages

Having established that plaintiffs are entitled to damages, the Court will now assess the type and amount of damages to award each plaintiff. This issue requires the Court to consider the recommendations of the special master and to weigh the severity and extent of plaintiffs' injuries against those alleged by other plaintiffs in other terrorism cases. See, e.g., Mwila v. Islamic Rep. of Iran, F.Supp.2d , 33 F.Supp.3d 36, 2014 WL 1284978, at *3-7 (D.D.C. Mar. 28, 2014). The Court will accept most (but will reject or adjust some) of the special master's recommended awards. A complete list of the damages awarded each plaintiff can be found in the table attached to the Order separately issued on this date.

a. Compensatory Damages

1. Economic damages

Under the FSIA, injured victims and the estates of deceased victims may recover economic damages, which typically include lost wages, benefits and retirement pay, and other out-of-pocket expenses. See 28 U.S.C. § 1605A(c). The special master recommended that the Court award economic damages to the estates of eleven deceased plaintiffs.[3] See Wolf Expert Report at 6. To determine the economic losses resulting from each plaintiff's death, the special master relied on a report submitted by Steven A. Wolf, an accounting and financial forensics expert. See, e.g., Dalizu Report at 3, 22; Wolf Expert Report at 18. Wolf's report, in turn, relied on such factors as each plaintiff's annual income, expected future income, and work-life expectancy. Wolf Expert Report at 6-11 (explaining methodology used to calculate

Page 259

the economic losses for each plaintiff). The Court will adopt the findings and recommendations of the special master and award economic damages to the estates of these eleven victims in the amounts calculated and recommended.

2. Pain and suffering awards

Courts determine pain-and-suffering awards for injured and killed victims 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 Rep. of Iran, 853 F.Supp.2d 44, 46 (D.D.C. 2012) (internal quotation marks omitted); see also Haim v. Islamic Rep. of Iran, 425 F.Supp.2d 56, 71 (D.D.C. 2006). But when calculating damages awards, " the Court must take pains to ensure that individuals with similar injuries receive similar awards." Peterson v. Islamic Rep. of Iran, 515 F.Supp.2d 25, 54 (D.D.C. 2007), abrogation on other grounds recognized in Mohammadi v. Islamic Rep. of Iran, 947 F.Supp.2d 48, 65 (D.D.C. 2013). Courts in this District have therefore developed a general framework for assessing pain-and-suffering awards for victims of terrorist attacks. Plaintiffs who suffer serious physical injuries tend to receive a $5 million award; plaintiffs who suffer relatively more serious or numerous injuries may receive $7 million (or more); and plaintiffs whose injuries are relatively less serious or who only suffer emotional injuries may receive something closer to $1.5 million. See Valore, 700 F.Supp.2d at 84-85; O'Brien, 853 F.Supp.2d at 47.

The special master has recommended that the Court award pain-and-suffering damages to three Aliganga plaintiffs. One recommended award--advising the Court to award $1.5 million to Howard Charles Kavaler, who worked in the Nairobi embassy at the time of the attack, and who continues to suffer severe post-traumatic stress syndrome as a result of the bombing, see Report of Special Master [ECF No. 338] (" Kavaler Report" ) at 3-4, 11-complies with this District's general damages framework. The Court will therefore adopt the special master's recommendation regarding Kavaler.

Two recommended awards, however, depart from this District's framework and require significant adjustment. The first relates to Jesse Nathanael Aliganga, the Marine killed in the Nairobi attack. The special master recommended that the Court award Aliganga $12 million in pain-and-suffering damages, because he " suffered severe physical injuries prior to his death." Report of Special Master [ECF No. 333] (" Aliganga Report" ) at 10. But while there is no doubt that Aliganga's injuries were severe, this recommendation ignores that the touchstone of any pain-and-suffering award is whether the victim suffered " conscious pain" for some period of time. Peterson, 515 F.Supp.2d at 53; see also Oldham v. Korean Air Lines Co., 127 F.3d 43, 56, 326 U.S.App.D.C. 375 (D.C. Cir. 1997) (" [T]he key factual dispute [in pre-death pain-and-suffering cases] turns on whether the [victim was] immediately rendered unconscious." (internal quotation marks omitted)). In other words, if the victim was conscious after suffering injury, then a pain-and-suffering award might be appropriate; if not, then not. Here, all the available evidence suggests that Aliganga's injuries put him on the inappropriate side of the divide. As the special master recognized, Aliganga's " head was crushed in the bombing and his brain avulsed [i.e., separated] from his skull." Aliganga Report at 3. And though the Marines initially told Aliganga's family that he was " alive but injured," no one testified that Aliganga was conscious at any point before dying from his

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wounds. See id. at 4-5. The Court therefore cannot award Aliganga's estate any pain-and-suffering damages.

The second problematic award presents a similar issue. The special master recommended that the Court award $12 million to the estate of Julian Leotis Bartley, Jr., because he " endured bodily pain and suffering after the attack and prior to his death." Report of Special Master [ECF No. 342] at 11-12. There is some basis for awarding pain-and-suffering damages in Bartley's case. After all, he " suffered horrific injuries and terrible pain when both his legs were . . . amputated in the explosive blast." Id. at 12. But the special master admitted that " it is unclear how long [Bartley] suffered before succumbing to his injuries," and he could only conclude that Bartley did not die " immediately," but instead died some time later " due to a severe loss of blood." Id. Though Bartley's injuries were undeniably terrible, in cases like this-- " [w]hen the victim endured extreme pain and suffering for a period of several hours or less" --the courts will " rather uniformly award[] $1 million" in damages. Haim, 425 F.Supp.2d at 71 (emphasis added). Indeed, courts will sometimes settle on smaller awards, if the evidence suggests that the victim suffered for only a very brief period. See, e.g., Peterson, 515 F.Supp.2d at 53. Here, Bartley almost certainly survived for less than several hours. The Court will therefore adopt the usual award for such cases: $1 million.

3. Solatium

" In determining the appropriate amount of compensatory damages, the Court may look to prior decisions awarding damages for . . . solatium." Acosta v. Islamic Rep. of Iran, 574 F.Supp.2d 15, 29 (D.D.C. 2008). Only immediate family members--parents, siblings, spouses, and children--are entitled to solatium awards. See Valore 700 F.Supp.2d at 79; see also D.C. Code § 16-2701 (allowing recovery by " the spouse or domestic partner and the next of kin of the deceased person" ). The commonly accepted framework for solatium damages in this District's FSIA terrorism cases is that used in Peterson, where spouses of deceased victims receive $8 million, parents of deceased victims receive $5 million, and siblings of deceased victims receive $2.5 million. 515 F.Supp.2d at 52. And where the victim does not die, but instead only suffers injury, the solatium awards are halved: Spouses receive $4 million, parents receive $2.5 million, and siblings receive $1.25 million. Id. Moreover, this Court has previously held that children of deceased and injured victims should receive awards akin to those given to parents (i.e., $5 million where the victim died, and $2.5 million where the victim suffered injury). See, e.g., Mwila, 2014 WL 1284978, at *5 (" [C]hildren who lose parents are likely to suffer as much as parents who lose children." ). Although these amounts are guidelines, not rules, see Valore, 700 F.Supp.2d at 85-86, the Court finds the distinctions made in Peterson and other cases to be reasonable, and thus will adopt this framework for determining solatium damages here.

For most plaintiffs, the special master properly applied the preceding framework in making his damages calculations, and the Court will therefore accept the bulk of his recommendations. But there are a few exceptions. One is straightforward. The special master recommended a $5 million solatium award to the estate of Frederick Arthur Bradley, the father of a deceased victim of the Nairobi attack. See Report of Special Master [ECF No. 334] at 20. But there is a significant problem with this award: Frederick Arthur Bradley is no longer a plaintiff in this case, as he voluntarily dismissed his claim in 2012. See Notice of

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Vol. Dismissal [ECF No. 258] at 1. The Court therefore declines to award Bradley any damages.

Four other solatium awards also require adjustment. Other courts in this District have held that it is inappropriate for the solatium award of a family member to exceed the pain-and-suffering award of the surviving victim. See, e.g., Davis v Islamic Rep. of Iran, 882 F.Supp.2d 7, 15-16 (D.D.C. 2012). This Court has followed that approach in previous embassy-bombing cases, see, e.g., Mwila, 2014 WL 1284978, at *6, and it will do the same here. Therefore, the solatium awards for several family members of Howard Charles Kavaler--who suffered severe emotional injury after the bombing, and who the Court has awarded $1.5 million in pain-and-suffering damages--must be modified. The special master recommended awarding $2.5 million each to Tara and Maya Kavaler (Howard's daughters) and to the estates of Pearl and Leon Kavaler (Howard's parents). See Kavaler Report at 13-14. But $2.5 million is obviously greater than $1.5 million, and so the Court will reduce these family members' awards to match Howard's pain-and-suffering compensation.[4]

b. Pre-Judgment Interest

Plaintiffs are not only entitled to damages in this case. They are also owed pre-judgment interest at the prime rate on most of those damages. See Oldham, 127 F.3d at 54; Forman v. Korean Air Lines Co., 84 F.3d 446, 450-51, 318 U.S.App.D.C. 6 (D.C. Cir. 1996). The special master already adjusted the recommended economic loss figures for each plaintiff to reflect the present discounted value of those awards, see, e.g., Aliganga Report at 9; see also District of Columbia v. Barriteau, 399 A.2d 563 (D.C. 1979), but he did not adjust the recommended awards for pain and suffering and solatium. These awards therefore do not account for the time that has elapsed since the 1998 attacks, meaning plaintiffs have lost the use of this money which should have been theirs immediately after the bombings. Moreover, denying pre-judgment interest on these damages would allow defendants to profit from their use of these funds over the intervening sixteen years. The Court will therefore award pre-judgment interest on plaintiffs' pain-and-suffering and solatium awards--which should suffice to place plaintiffs in the same position they would have been in had they received (and invested) their damages awards in 1998. See, e.g., Doe v. Islamic Rep. of Iran, 943 F.Supp.2d 180, 184-85 (D.D.C. 2013); Reed v. Islamic Rep. of Iran, 845 F.Supp.2d 204, 214-15 (D.D.C. 2012). But see Oveissi, 768 F.Supp.2d at 30 n.12 (declining to award pre-judgment interest on solatium damages).[5]

Page 262

The Court will calculate the applicable interest using the prime rate for each year. The D.C. Circuit has explained that the prime rate--the rate banks charge for short-term, unsecured loans to creditworthy customers--is the most appropriate measure of pre-judgment interest. See Forman, 84 F.3d at 450-51. Although the prime rate, applied over a period of several years, can be measured in different ways, this Circuit has approved an award of pre-judgment interest " at the prime rate for each year between the accident and the entry of judgment." Id. at 450. Using the prime rate for each year is more precise than, for example, using the average rate over the entire period. See Doe, 943 F.Supp.2d at 185 (noting that this method is a " substantially more accurate market-based estimate" of the time value of money (internal quotation marks omitted)). Moreover, calculating interest based on the prime rate for each year is a simple matter.[6] Using the prime rate for each year results in a multiplier of 2.26185 for damages incurred in 1998,[7] and the Court will use this multiplier to calculate the total award for each plaintiff in this case.[8]

CONCLUSION

The August 7, 1998, embassy bombings shattered the lives of thousands--including the seventy-one plaintiffs in this case. Reading plaintiffs' personal stories reveals that, even after some sixteen years, they each still feel the horrific effects of that awful day. Damages awards cannot fully compensate these innocent people, who have suffered so much. But they can offer a helping hand. That is the very least that plaintiffs are owed--and that is what this Court seeks to accomplish.

A separate Order consistent with this Memorandum Opinion has issued on this date.

AMENDED ORDER

Upon consideration of [332-39, 341-42] Special Master Paul Griffin's Reports, and the entire record herein, it is hereby

ORDERED that [332-39, 341-42] the Special Master Reports are adopted in part and modified in part as described in the accompanying Memorandum Opinion issued on this date; it is further

ORDERED that judgment is entered in favor of the remaining plaintiffs (" Aliganga Plaintiffs" ) and against defendants in the total amount of $622,301,129.50; and it is further

ORDERED that each plaintiff is entitled to damages in the amounts listed in the accompanying chart.

SO ORDERED.

" Aliganga Plaintiffs"

Name of Victim

Injured/

Family Members

Deceased

1

Jesse Nathanael Aliganga

Deceased

2

Clara Leah Aliganga

3

Leah Ann Colston

4

Julian Leotis Bartley, Sr.

Deceased

5

Julian Leotis Bartley, Jr.

Deceased

6

Mary Linda Sue Bartley

7

Edith Lynn Bartley

8

Gladys Baldwin Bartley

9

Jean Rose Dalizu

Deceased

10

Egambi Fred Kibuhiru Dalizu

11

Temina Engesia Dalizu

12

Lori Elaine Dalizu

13

Lawrence Anthony Hicks

14

Mangairu Vidija Dalizu

15

Rose Banks Freeman

16

Gwendolyn Tauwana Garrett

17

Joyce McCray

18

Jeanette Ella Marie Goines

19

June Beverly Freeman

20

Sheila Elaine Freeman

21

Jewell Patricia Neal

22

James Herbert Freeman

23

Molly Huckaby Hardy

Deceased

24

Brandi Plants

25

Jane Huckaby

26

Kenneth Ray Hobson II

Deceased

27

Deborah Hobson-Bird

28

Kenneth Ray Hobson

29

Bonnie Sue Hobson

30

Meghan Elizabeth Hobson

31

Prabhi Guptara Kavaler

Deceased

32

Howard Charles Kavaler

Injured

33

Tara Lia Kavaler

34

Maya Pia Kavaler

35

Leon Kavaler

36

Pearl Daniels Kavaler

37

Richard Martin Kavaler

38

Arlene Bradley Kirk

Deceased

39

Robert Kirk, Jr.

40

Maisha Kirk Humphrey

41

Robert Michael Kirk

42

Mary Katherine Bradley

43

Dennis Arthur Bradley

44

Neil Alan Bradley

45

Katherine Bradley Wright

46

Patricia Anne Bradley

Williams

47

Kenneth Alva Bradley

48

Mary Louise Martin

Deceased

49

Douglas Norman Klaucke

50

Karen Marie Klaucke

51

William Russell Klaucke

52

James Robert Klaucke

53

Joseph Denegre Martin, Jr.

54

Kathleen Martin Boellert

55

Martha Martin Ourso

56

Joseph Denegre Martin III

57

Michael Hawkins Martin

58

Susan Elizabeth Martin Bryson

59

Stephen Harding Martin

60

Ann Michelle O'Connor

Deceased

61

James Paul O'Connor

62

Jennifer Erin Perez

63

Tara Colleen O'Connor

64

Micaela Ann O'Connor

65

Gwendolyn Frederic Deney

66

Sherry Lynn Olds

Deceased

67

Delbert Raymond Olds

68

Mary Evelyn Freeman Olds

69

Kimberly Ann Zimmerman

70

Marsey Gayle Cornett

71

Christa Gay Fox

TOTALS

Relation

Economic

Pain & Suffering

Solatium

Subtotal

Damages

Damages

Damages

1

$914,061

$0

$914,061

2

Mother

$5,000,000

$5,000,000

3

Sister

$2,500,000

$2,500,000

4

$1,686,985

$0

$1,686,985

5

$2,521,526

$1,000,000

$3,521,526

6

Wife of Bartley,

$13,000,000

$13,000,000

Sr.; Mother of

Bartley, Jr.

7

Daughter of Bartley,

$7,500,000

$7,500,000

Sr.; Sister of

Bartley, Jr.

8

Mother of Bartley,

$5,000,000

$5,000,000

Sr.

9

$227,086

$0

$227,086

10

Husband

$8,000,000

$8,000,000

11

Daughter

$5,000,000

$5,000,000

12

Daughter

$5,000,000

$5,000,000

13

Son

$5,000,000

$5,000,000

14

Son

$5,000,000

$5,000,000

15

Mother

$5,000,000

$5,000,000

16

Sister

$2,500,000

$2,500,000

17

Sister

$2,500,000

$2,500,000

18

Sister

$2,500,000

$2,500,000

19

Sister

$2,500,000

$2,500,000

20

Sister

$2,500,000

$2,500,000

21

Sister

$2,500,000

$2,500,000

22

Brother

$2,500,000

$2,500,000

23

$1,234,785

$0

$1,234,785

24

Daughter

$5,000,000

$5,000,000

25

Mother

$5,000,000

$5,000,000

26

$965,530

$0

$965,530

27

Wife

$8,000,000

$8,000,000

28

Father

$5,000,000

$5,000,000

29

Mother

$5,000,000

$5,000,000

30

Daughter

$5,000,000

$5,000,000

31

$1,775,096

$0

$1,775,096

32

Husband

$1,500,000

$8,000,000

$9,500,000

33

Daughter (of both)

$6,500,000

$6,500,000

34

Daughter (of both)

$6,500,000

$6,500,000

35

Father of Howard

$1,500,000

$1,500,000

Kavaler

36

Mother of Howard

$1,500,000

$1,500,000

Kavaler

37

Brother of Howard

$1,250,000

$1,250,000

Kavaler

38

$543,426

$0

$543,426

39

Husband

$8,000,000

$8,000,000

40

Daughter

$5,000,000

$5,000,000

41

Son

$5,000,000

$5,000,000

42

Mother

$5,000,000

$5,000,000

43

Brother

$2,500,000

$2,500,000

44

Brother

$2,500,000

$2,500,000

45

Sister

$2,500,000

$2,500,000

46

Sister

$2,500,000

$2,500,000

47

Brother

$2,500,000

$2,500,000

48

$2,339,174

$0

$2,339,174

49

Husband

$8,000,000

$8,000,000

50

Daughter

$5,000,000

$5,000,000

51

Son

$5,000,000

$5,000,000

52

Son

$5,000,000

$5,000,000

53

Father

$5,000,000

$5,000,000

54

Sister

$2,500,000

$2,500,000

55

Sister

$2,500,000

$2,500,000

56

Brother

$2,500,000

$2,500,000

57

Brother

$2,500,000

$2,500,000

58

Sister

$2,500,000

$2,500,000

59

Brother

$2,500,000

$2,500,000

60

$2,195,655

$0

$2,195,655

61

Husband

$8,000,000

$8,000,000

62

Daughter

$5,000,000

$5,000,000

63

Daughter

$5,000,000

$5,000,000

64

Daughter

$5,000,000

$5,000,000

65

Mother

$5,000,000

$5,000,000

66

$1,156,543

$0

$1,156,543

67

Father

$5,000,000

$5,000,000

68

Mother

$5,000,000

$5,000,000

69

Sister

$2,500,000

$2,500,000

70

Sister

$2,500,000

$2,500,000

71

Sister

$2,500,000

$2,500,000

$15,559,867

$2,500,000

$265,750,000

$283,809,867

Total Award (with

applicable

pre-judgment interest)

1

$914,061.00

2

$11,309,250.00

3

$5,654,625.00

4

$1,686,985.00

5

$4,783,376.00

6

$29,404,050.00

7

$16,963,875.00

8

$11,309,250.00

9

$227,086.00

10

$18,094,800.00

11

$11,309,250.00

12

$11,309,250.00

13

$11,309,250.00

14

$11,309,250.00

15

$11,309,250.00

16

$5,654,625.00

17

$5,654,625.00

18

$5,654,625.00

19

$5,654,625.00

20

$5,654,625.00

21

$5,654,625.00

22

$5,654,625.00

23

$1,234,785.00

24

$11,309,250.00

25

$11,309,250.00

26

$965,530.00

27

$18,094,800.00

28

$11,309,250.00

29

$11,309,250.00

30

$11,309,250.00

31

$1,775,096.00

32

$21,487,575.00

33

$14,702,025.00

34

$14,702,025.00

35

$3,392,775.00

36

$3,392,775.00

37

$2,827,312.50

38

$543,426.00

39

$18,094,800.00

40

$11,309,250.00

41

$11,309,250.00

42

$11,309,250.00

43

$5,654,625.00

44

$5,654,625.00

45

$5,654,625.00

46

$5,654,625.00

47

$5,654,625.00

48

$2,339,174.00

49

$18,094,800.00

50

$11,309,250.00

51

$11,309,250.00

52

$11,309,250.00

53

$11,309,250.00

54

$5,654,625.00

55

$5,654,625.00

56

$5,654,625.00

57

$5,654,625.00

58

$5,654,625.00

59

$5,654,625.00

60

$2,195,655.00

61

$18,094,800.00

62

$11,309,250.00

63

$11,309,250.00

64

$11,309,250.00

65

$11,309,250.00

66

$1,156,543.00

67

$11,309,250.00

68

$11,309,250.00

69

$5,654,625.00

70

$5,654,625.00

71

$5,654,625.00

$622,301,129.50


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