ESTATE OF JOHN BUONOCORE III et al v. GREAT SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA, et al

Filing 95

Proposed Findings of Fact by CECIL BUONOCORE, JOHN BUONOCORE, II, TODD BUONOCORE, ESTATE OF AIDA SWEIS, ESTATE OF CHARLES SHINN, ESTATE OF DON MALAND, ESTATE OF EINAR MALAND, ESTATE OF ELENA TOMMARELLO, ESTATE OF GRACE MALAND, ESTATE OF JEANNE SHINN, ESTATE OF JOHN BUONOCORE III, ESTATE OF MICHAEL SWEIS, ESTATE OF NATASHA SIMPSON, SALVATORE FERRIGNO, NANCY GAGE, ELLEN MALAND, JANE MALAND, MARK MALAND, TIM MALAND, ARMANDO PEPENELLA, BRUNO PEPENELLA, DANIELLA SIMPSON, MICHAEL SIMPSON, VICTOR SIMPSON, JEANETTE SWEIS, JULIET SWEIS, SACID SWEIS, SAYEL SWEIS, FRANCESCO ZERILLI. (Attachments: # 1 Proposed Findings Part 2, # 2 Proposed Findings Part 3, # 3 Proposed Findings Part 4)(Kalik, Tracy)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
____________________________________
)
Estate of John Buonocore III, et al.,
)
)
Plaintiffs,
)
)
v.
) Civil Action No. 06-00727 (GK)(JMF)
)
Great Socialist People’s Libyan
)
Arab Jamahiriya, et al.,
)
)
Defendants. )
____________________________________)

PLAINTIFFS’ PROPOSED FINDINGS OF FACT AND
CONCLUSIONS OF LAW

TABLE OF CONTENTS
PAGE NO.

I. INTRODUCTION

1

II. SUMMARY OF FINDINGS

2

III. STATEMENT OF THE CASE

4

IV. FINDINGS OF FACT

6

A. SYRIA IS A STATE SPONSOR OF TERRORISM

7

B. THE ABU NIDAL ORGANIZATION IS A FOREIGN
TERRORIST ORGANIZATION

10

C. SYRIA SPONSORED AND SUPPORTED THE ABU
NIDAL ORGANIZATION

13

D. THE SYRIAN SPONORED ABU NIDAL
ORGANIZATION PERPETRATED THE ROME AND VIENNA
AIRPORT ATTACKS
15
E. THERE WERE AMERICAN VICTIMS OF THE ROME AND VIENNA
AIRPORT ATTACKS
21
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.

The Maland Family
John Buonocore, III
Frederick Gage
The Shinn Family
The Sweis Family
The Simpson Family
Elena Tommarello
Salvatore Ferrigno
Francesco Zerilli

21
22
24
25
26
27
30
31
32

V. CONCLUSIONS OF LAW

32

A. THE COURT ASSERTS SUBJECT MATTER JURISDICTION
UNDER 28 U.S.C. § 1605A

32

B. SYRIA IS LIABLE FOR THE MURDER AND PERSONAL
INJURIES ARISING FROM ROME AND VIENNA AIRPORT
ATTACKS UNDER 28 U.S.C. § 1605A(c)
40

ii

PAGE NO.

1. SYRIA AIDED AND ABETTED THE MURDER OF JOHN
BUONOCORE III, FREDERICK GAGE, DON MALAND,
CHARLES SHINN, NATASHA SIMPSON, ELENA
TOMMARELLO AND NATASHA SIMPSON AND THE
PERMANENT INJURY OF SALVATORE FERRIGNO, MARK
MALAND, JEANETTE SWEIS, JULIET SWEIS, MICHAEL
SWEIS, SAEID SWEIS, VICTOR SIMPSON, MICHAEL SIMPSON,
JEANNE SHINN AND FRANCESCO ZERILLI
42
2. SYRIA CONSPIRED WITH THE ANO TO KILL AND
INJURE U.S. CITIZENS BY ACTS OF TERRORISM
C. PLAINTIFFS’ ARE ENTITLED TO DAMAGES UNDER
28 U.S.C. § 1605A(c)

50

55

1. ECONOMIC DAMAGES

55

2. PAIN AND SUFFERING

57

i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.

Don Maland
Mark Maland
Natasha Simpson
Victor Simpson
Michael Simpson
John Buonocore, III
Frederick Gage
Charles Shinn
Jeanne Shinn
Elena Tommarello
Michael Sweis
Jeanette Sweis
Juliet Sweis
Saied Sweis
Salvatore Ferrigno
Francesco Zerilli

3. SOLATIUM
i.
ii.
iii.
iv.
v.

58
59
60
61
63
65
66
66
69
71
72
75
78
81
83
85
87

The Maland Family
The Buonocore Family
The Gage Family
The Shinn Family
The Sweis Family

iii

91
94
95
97
99

PAGE NO.

vi.
vii.

The Tomarello Family
The Simpson Family

102
103

4. PUNITIVE DAMAGES
5. PREJUDGMENT INTEREST
VI.

106
111

CONCLUSION

113

iv

I. INTRODUCTION
The civil action of Buonocore v. Great Socialist People’s Libyan Arab
Jamahiriya, Civil Action 06-cv -0727 (GK) (JMF) was filed on April 21, 2006 and
pursuant to an Order entered by the Hon. Gladys Kessler, United States District Judge, on
the 27th day of July 2010 [Dkt No. 84] this matter was referred to the Honorable John M.
Facciola, United States Magistrate Judge for the United States District Court for the
District of Columbia for an Evidentiary Hearing which commenced on February 22,
2011.
As to the action set forth hereinabove, the named Libyan Defendants were
dismissed pursuant to the enactment of the Libya Claims Resolution Act but Plaintiffs’
claims remained pending against the Syrian Arab Republic; the Syrian Air Force
Intelligence agency— Idarat al-Mukhabarat al-Jawiyya; and Syria’s Director of Military
Intelligence, General Muhammad al-Khuli (hereinafter collectively the “Syrian
Defendants” or “Syria”).
At the conclusion of the introduction of all evidence at the evidentiary hearing,
counsel was directed by the Court to tender to the Court proposed findings of fact and
conclusions of law for consideration by the Court.
Accordingly, the Plaintiffs propose that the Court enter the following Findings of
Fact and Conclusions of Law for the egregious and unforgiving conduct in providing
material support for the acts of international terrorism committed against each of the
Plaintiffs, awarding damages in such sums as permitted by law and as are calculated to
provide a measure of just compensation to each of the Plaintiffs, as set forth herein.

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II. SUMMARY OF FINDINGS
Plaintiffs seek Judgment against Defendants and an award of damages for acts of
state-sponsored terrorism that resulted in the unconscionable and intentional killing of 13
people and wounding of 75 others on December 27, 1985 at the Fiumicino/Leonardo Da
Vinci Airport in Rome, Italy, and the coordinated and simultaneous killing of 3 people
and wounding of 30 others at the Schwechat Airport in Vienna, Austria (“Rome and
Vienna Airport Attacks”).
The Court, having heard and reviewed the evidence, does hereby determine (i)
that the machine gun assault and use of hand grenades, aimed at passengers waiting at
and near the TWA and El Al check-in counters at the Schwechat Airport in Vienna,
Austria on December 27, 1985 was an act of international terrorism, (ii) that the terrorist
shootings and bombings that caused the killings of John Buonocore III, Frederick Gage,
Don Maland, Charles Shinn, Natasha Simpson and Elena Tommarello, and the injuries of
Salvatore Ferrigno, Mark Maland, Jeanette Sweis, Juliet Sweis, Michael Sweis, Saeid
Sweis, Victor Simpson, Michael Simpson, Jeanne Shinn and Francesco Zerilli, all U.S.
nationals (as defined by the Immigration and Nationality Act) at the time of the attack,
were acts of international terrorism that occurred during and as a result of the December
27, 1985 terrorist attack, (iii) that said attack was

committed by

the Abu Nidal

Organization (“ANO”), which has been designated by the US Department of State as a
Foreign Terrorist Organization, and whose terrorist operatives initiated a terrorist attack
on December 27, 1985, (iv) that the Abu Nidal Organization, at the time of and prior to
the Rome and Vienna Airport Attack was sponsored, supported, aided and abetted by
Syria, which has been and remains designated by the US Department of State as a State

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Sponsor of Terrorism, and (v) that the Syrian Arab Republic, the Syrian Air Force
Intelligence Agency and Syria’s Director of Military Intelligence, General Muhammad
al-Khuli provided substantial and material support to the ANO terrorist organization and
aided, abetted, conspired with and enabled said ANO terrorist organization, and caused
and is liable for the heinous acts of international terrorism against the Plaintiffs, and each
of them, for which the Court swill award damages as set forth below.
The Court further finds that the Syrian Defendants provided material support and
resources, and aided, abetted and conspired with the ANO in the planning, training and
support for and commission of the Rome and Vienna Airport Attacks; and that the ANO
terrorist group, including the sole surviving terrorist in the attack on Rome’s Fiumicino
/Leonardo Da Vinci Airport, Khaled Ibrahim Mahmood, a/k/a Al Hasan, Mohamed
Sorhan Abdallah, Mohamed Weled Hussein Al Abdallah, Issa Suleiman Abdallah, or
Ahmed Hussein Al Ajlan (“Khaled”) was trained and supported by the Syrian
Defendants, who further provided the ANO terrorists who conducted the attacks with
weapons and passports, allowing the terrorists to travel. The Court further finds that the
Syrian Defendants intended that their support of the ANO would promote and cause
torture and extrajudicial killings of American nationals and that Syria’s goal in
supporting acts of senseless but sensational terrorism, including cruel, inhumane and
violent attacks upon innocent victims from the United States, and was to advance their
own geopolitical interests in the Middle East region and in an attempt and design to stop
the Middle East peace process dead in its tracks; and that as a totalitarian state and brutal
dictatorship, Syria’s actions could not have occurred without the explicit authorization by
then Syrian President, Hafiz al-Assad. Accordingly, the Court awards damages on behalf

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of each of the Plaintiffs against the Syrian Defendants, and each of them, jointly and
severally as set forth hereinafter below.
III.

STATEMENT OF THE CASE
Plaintiffs brought this action pursuant to the provisions of the Foreign Sovereign

Immunities Act, (“FSIA”), codified at 28 U.S.C. § 1602, et seq. The Syrian Defendants
were served with process on July 26, 2006.1 The Syrian Defendants did not answer or
appear within the required time period and on October 4, 2006 the Court, therefore,
entered default against the Syrian Defendants. The Court proceeded to a liability hearing
as required by 28 U.S.C. § 1608(e):
A court shall not enter a default judgment against a foreign state "unless
the claimant establishes his claim or right to relief by evidence satisfactory
to the court." 28 U.S.C. § 1608(e); Roeder v. Islamic Republic of Iran, 333
F.3d 228, 232, 2003 WL 21495185 (D.C. Cir. 2003). This "satisfactory to
the court" standard is identical to the standard for entry of default
judgments against the United States in Federal Rule of Civil Procedure
55(e). Hill v. Republic of Iraq, 328 F.3d 680, 684 (D.C. Cir. 2003). In
evaluating the plaintiffs' proof, the court may "accept as true the plaintiffs'
uncontroverted evidence." Elahi v. Islamic Republic of Iran, 124 F. Supp.
2d 97, 100 (D.D.C. 2000). In FSIA default judgment proceedings, the
plaintiffs may establish proof by affidavit. Weinstein v. Islamic Republic
of Iran, 184 F. Supp. 2d 13, 19 (D.D.C. 2002).
Campuzano v. Islamic Republic of Iran, 281 F. Supp. 2d 258, 268 (D.D.C. 2003). In a
default proceeding, the Plaintiffs’ burden of proof is “evidence satisfactory to the court.”
Id. All uncontroverted evidence is accepted as true. Id.

1

Service upon each of the Syrian Defendants in Buonocore was perfected under 28 U.S.C. § 1608(a)(3)
through delivery of the required documents (accompanied by Arabic translations) to the Head of the
Ministry of Foreign Affairs via international courier service, evidenced by a July 30, 2006 letter from the
international courier service indicating that the shipment containing two copies of the summons and
complaint and a notice of suit, together with a translation of each into the official language of the foreign
state was signed for by “Esam” at the Syrian Ministry of Foreign Affairs for the Defendants on July 30,
2006. Buonocore v. Great Socialist People’s Libyan Arab Jamahiriya, CA 06-00727 (GK) (JMF) (D.D.C.
filed April 21, 2006).

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A three-day hearing on liability and damages was held commencing on February
22, 2011. During the hearing, this Court accepted evidence in the form of, inter alia, live
testimony, live video-link testimony, affidavit, de bene esse deposition and original
documentary evidence. The Court also accepted credible expert testimony from six
exceptionally well qualified experts on various subjects related to the issues pending
before the Court in this matter.2 The Court finds that Plaintiffs have established their
claim to relief, as to each of the causes of action pled by the Plaintiffs in the various

2

Marius Deeb, Ph. D.- Professor Deeb was accepted as an expert witness by this Court concerning the
following topics: the Syrian government, Syrian government structure, Syrian government's foreign policy,
the Syrian government past and continuing ongoing active support for terrorism, including but not limited
to the Syrian government's designation as a State Sponsor of Terror and the Syrian government’s support of
the Abu Nidal terrorist organization which committed (a) the EgyptAir Flight 648 hijacking, and separately
(b) the Rome and Vienna Airport Attacks of one month later. (Deeb, T-23- 191).
Patrick Lang- Col. Lang was accepted as an expert witness by this Court in the field of terrorism,
counterterrorism, Middle Eastern affairs, politics and to render opinions on the various matters in which he
has expertise, including but not limited to the sponsorship by Syria of terrorism, Syria as a designated State
Sponsor of Terrorism, Syria’s sponsorship of the Abu Nidal Organization, a Foreign Terrorist
Organization, and the terrorist hijacking of Egypt Air Flight 648, committed on November 23, 1985 by the
Abu Nidal Organization with Syrian sponsorship and separately the Rome and Vienna Airport Attacks of
December 27, 1985 committed by the Abu Nidal Organization with Syrian sponsorship. (Lang, T-23-167).
David Long, Ph.D.- David Long was accepted as an expert witness by this Court. (Long, T-23-144). David
Long’s expert testimony concerned, inter alia, terrorism, counterterrorism, Middle Eastern affairs, politics
and gave opinions on the various matters in which he has expertise, including but not limited to the
sponsorship by Syria of terrorism, its sponsorship of ANO, the Abu Nidal Organization, and the
commitment by the Abu Nidal Organization with Syrian sponsorship of the hijacking of EgyptAir Flight
648, and separately the Rome and Vienna Airport Attacks.
James Markham, Ph. D.- Dr. James Markham was accepted as an expert witness by this Court in the field
of forensic economics, and otherwise qualified to testify on the issues that are before the Court as they
relate to calculations involving damages for each of the killed or injured plaintiffs. (Markham, T-25-9).
Ambassador Robert Oakley- Ambassador Oakley was accepted as an expert witness by this Court in the
field of terrorism, counterterrorism, Middle Eastern affairs, politics, and the issues concerning Syria’s
sponsorship of the Abu Nidal Organization prior to, during, and following the EgyptAir Flight 648
hijacking, and Rome and Vienna Airport Attacks. (Oakley, T-23-153).
Yoram Schweitzer, Ph.D.- Dr. Yoram Schweitzer was accepted as an expert witness by this Court and
testified/gave expert opinions concerning various fields/issues including: the field of terrorism,
counterterrorism, Middle Eastern affairs, politics, and the issues concerning Syria’s sponsorship of the Abu
Nidal Organization prior to, during, and following the EgyptAir Flight 648 hijacking, and Rome and
Vienna Airport Attacks. (Schweitzer, T-23-181).

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actions as required by 28 U.S.C. § 1608(e). Accordingly, this Court finds the following
facts were established by Plaintiffs.

IV.

FINDINGS OF FACT
The Court hereby finds that the government of Syria has a long history of

providing material aid and support for terrorism; that Syria was designated as a state
sponsor of terrorism by the government of the United States of America in 1979 on its
first published list of State Sponsors of Terror; that Syria invited the Abu Nidal
Organization to relocate its headquarters to Syria in 1981-1983; that the Abu Nidal
Organization completed the relocation of its headquarters from Iraq to Syria in 1983; that
Syria intentionally selected the notoriously violent Abu Nidal Organization, a foreign
terrorist organization, to commit acts of terrorism with the aid, support, sponsorship and
involvement of the Syrian Defendants, intending that the ANO terrorist organization
would carry out its terrorist operations with lethal brutal force designed to further Syria’s
governmental aims, goals, means, methods and geopolitical objectives; that the Abu
Nidal Organization carried out the Rome and Vienna Airport Attacks of December 27,
1985 with the aid, support, sponsorship and involvement of the Syrian Defendants.
Further, the Court finds that throughout the early to mid-1980s including all of
1985, Syria regarded the ANO terrorist network as an indispensable party in furtherance
of Syrian foreign policy goals and interests in the Middle East and beyond. These foreign
policy goals included the undermining of the peace process between the Arabs and
Israelis, through the commitment of spectacular brutal and heinous terrorist attacks
against the United States, Israel, Egypt and those Arab governments which were
supportive of the Arab-Israeli peace process, which was opposed by the Syrian

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Defendants. Further, that the Syrian Defendants accordingly aided and abetted and
conspired with the ANO to cause the nearly simultaneous December 27, 1985 terrorist
attacks at the Fiumicino/Leonardo da Vinci Airport at Rome, Italy (“Rome Airport
Attack”) and the Schwechat Airport at Vienna, Austria (“Vienna Airport Attack”), which
were a coordinated international terrorist attack planned, designed and conducted by the
ANO and the Syrian Defendants with the intent and result of killing and injuring U.S.
citizens and others through acts of international terrorism and to undermine the peace
process between moderate Arab states, such as Egypt, the Palestine Liberation
Organization, Israel and the United States of America.

A.

SYRIA IS A STATE SPONSOR OF TERRORISM
1.

The Court finds that the Plaintiffs have established that Syria has a

long history of providing material support to terrorist groups, including the ANO. Prior to
and during the relevant period surrounding the December 27, 1985 attacks against
civilians standing at or near the TWA and El Al ticket counters at both the Fiumicino
/Leonardo da Vinci Airport at Rome, Italy and the Schwechat Airport at Vienna, Austria
through the present, terrorism was and remains an integral tool for the Syrian regime.
(Deeb, T-23-192, Ex. 54 at pg. 129 ¶7, Lang, T-23-171-172)3;
2.

The United States designated Syria as a state sponsor of terrorism

primarily because of its active and direct involvement in terrorist activities beginning in
the mid-1970s. (Deeb, T-23-193-94, Ex. 54 at pg. 129 ¶8);
3

In citations to the Transcript of Trial Proceedings, the following convention is used: (Witness’ name, TDay of February 2011 which witness testified- Page of Transcript from said day’s Transcript which
testimony appears. The first day of the evidentiary hearing took place on February 22, 2011. The transcripts
from the first day of the evidentiary hearing are divided into two separate transcripts. The transcript of the
morning proceedings is referenced as 22A and the transcript of the afternoon proceedings is referenced as
22B.

-7-

3.

Historically, Syria has provided material support to terrorist groups

primarily in order to achieve foreign policy goals, such as undermining the Middle East
peace process and pushing the United States and its allies out of the region. (Deeb, T-23193, Ex. 54 at pg. 129 ¶7);
4.

Syria has supported terrorism to undermine the peace process between

the Arabs and Israelis. (Deeb, T-23-194, Ex. 54 at pg. 10, Schweitzer, Ex. 58). As such,
Syrian sponsored terrorist activities were, and continue to be, primarily directed against
any entity supportive of that process: including moderate Arab states such as Egypt, proYassir Arafat Palestinian groups, and U.S. and Israeli targets. (Deeb, Ex. 54 at pg. 129
¶8). Syria supported the ANO’s operations against Arab countries that supported the
Israel-Egypt peace treaty. (Schweitzer, Ex. 58);
5.

In this regard, Syria utilized, and continues to utilize, terrorist groups

as a means of achieving foreign policy goals without resorting to conventional methods
of warfare, which it could not, and still cannot, afford to wage against either Israel or the
United States. (Deeb, T-23-193, Ex. 54 at pg. 129 ¶7);
6.

As a result of its past support of terrorism, Syria was among the first

countries designated in 1979 by the United States Department of State as a State Sponsor
of Terrorism. (Deeb, T-23-193, Ex. 54 at pg. 129 ¶7, Oakley, T-23-156, Ex. 55 at pg. 30
¶6);
7.

Syria was in fact designated as a State Sponsor of Terrorism on

December 29, 1979. (Deeb, T-23-193, Ex. 54 at pg. 129 ¶7, Oakley, Ex. 55 at pg. 30 ¶6);

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8.

Syria, as a result of its ongoing, current and continuous sponsorship of

terrorism, today remains designated by the State Department as a State Sponsor of
Terrorism. (Oakley, Ex. 55 at pp. 30-31 ¶6);
9.

During the period encompassing the Rome and Vienna Airport Attacks

of December, 1985, Syria continued to support the most active and brutal international
terrorist group operating at the time, Abu Nidal. (Oakley, Ex. 55 at pg. 31 ¶6). Moreover,
during the same time period, the United States considered Syria as one of the worst
sponsors of terrorism in the world. (Oakley, T-23-158, Ex. 55 at pg. 21);
10.

During the relevant time period during which the Rome and Vienna

Airport Attacks occurred, beginning on or about 1983, Syria began to increasingly rely
on terrorist groups comprised of non-Syrians in order to deflect detection of Syria’s
support and liability for the actions of its terrorist surrogates. (Deeb, T-23-194-95, Ex. 54
at pg. 129 ¶8);
11.

During the relevant period of the Rome and Vienna Airport Attacks,

President Hafiz al-Assad ruled Syria under an authoritarian government whereby all
organs of the state were directly under al-Assad’s direct control. (Deeb, T-23-195, Ex. 54
at pg. 129-130 ¶9);
12.

One of the primary organs al-Assad utilized to sponsor terrorist

organizations, such as the ANO, was the Syrian Air Force Intelligence agency— Idarat
al-Mukhabarat al-Jawiyya. (Deeb, T-23-195-196, Ex. 54 at pg. 130 ¶9, Oakley, T-23-159,
Ex. 55 at pg 12);
13.

The Syrian Air Force Intelligence was more of a presidential

intelligence service than an instrumentality of the Air Force, and was of paramount

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importance because it functioned as the highest intelligence organization in Syria. (Deeb,
T-23-196, Ex. 54 at pg. 130 ¶9);
14.

The head of the Air Force Intelligence- General Muhammad al-Khuli-

was the most powerful intelligence chief within Syria. (Deeb, T-23-196, Ex. 54 at pg. 130
¶10);
15.

Syria remains a major sponsor of terrorism today. (Deeb, Ex. 54 at pg.

10); At present, according to the testimony received by the Court from Dr. Marius Deeb,
Syria as a state sponsor of terrorism spends between Five Hundred Million United States
Dollars ($500,000,000) and Seven Hundred Million United States Dollars ($700,000,000)
annually on terrorism related expenditures. (Deeb, T-24-6). The Five Hundred Million
United States Dollars ($500,000,000) figure is the minimum estimate of Syria’s current
and ongoing terrorism related expenditures. (Deeb, T-24-6);
16.

Syria’s current and ongoing support of international terrorism

includes, but is not limited to, its providing of material support to HAMAS and
Hezbollah, each of which have been designated by the US Department of State as
Foreign Terrorist Organizations. (Lang, Ex. 44 at pp. 54-55; Deeb, Ex. 54 at pp. 197-99,
232-34).

B.

17.

THE ABU NIDAL ORGANIZATION IS A FOREIGN TERRORIST
ORGANIZATION
The Abu Nidal Organization was established and led by Sabri al-

Banna a/k/a Abu Nidal. (Lang, Ex. 44 at pg. 35). Abu Nidal was originally a leading
member and operative of Yasser Arafat’s Fatah organization which was and is the

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backbone of the Palestine Liberation Organization (“PLO”). (Deeb, T-23-198, Ex. 54 at
pg. 132 ¶12).
18.

In October 1974, when Abu Nidal was serving as Arafat’s Fatah

organization representative in Baghdad, Iraq, he decided to break away from Arafat’s
Fatah movement and form his own more radical organization which he called the FatahRevolutionary Council, a.k.a. the Abu Nidal Organization. (Deeb, T-23-198, Ex. 54 at pg.
132 ¶12).
19.

Abu Nidal broke away from Arafat in opposition to Arafat’s

consideration to support the Middle East peace process. (Deeb, Ex. 54 at pp. 20-21).
20.

Abu Nidal was a thoroughly violent individual and the Abu Nidal

Organization was brutal and their documented methodology for the commission of
terrorist attacks required bloodshed as an end unto itself. (Long, Ex. 56 at pg. 2 ¶2).
21.

During the relevant time period of the Rome and Vienna Airport

Attacks, the ANO became one of the most sophisticated terrorist groups of its day, with a
global network of operations. (Long, T-23-147, Ex. 56 at pg. 2 ¶4).
22.

One of the primary reasons that the ANO was so effective was the

high level of internal security Abu Nidal achieved within his organization. (Long, Ex. 56
at pg. 2 ¶3).
23.

Compartmentalization within the ANO was rigid, both horizontally

and vertically: personnel were organized into small cell groups with minimal interaction
among other members. (Long, Ex. 56 at pg. 2 ¶4).

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24.

The ANO was run like a commercial enterprise, with different

departments, including secret service, military, archives, foreign relations and others.
(Badra, Ex. 25 at pg. 3 ¶10).
25.

ANO terrorists used assumed names, matching forged identification

and travel documents, which were changed constantly so that no one could be sure of the
real names of other members. (Long, Ex. 56 at pg. 2 ¶4).
26.

The ANO required the support of governments to conduct its

operations. Syria provided the ability for ANO to train and house and dispatch its
operatives, who were also given passage to return to Syria or the Syrian controlled Baaka
Valley in Lebanon for further terrorist training and operations. (Lang, T-23-172-173; Ex.
44 at pg. 37; Rezaq, T-23-75-76; Ex. 26, 338, 345-346, 359; Ibrahim, T-23-83; Ex. 24 at
pg. 75 ¶13).
27.

The ANO was known by the United States government in 1985 and

1986 to be a brutal, violent and dangerous terrorist organization and ANO was
subsequently designated as a Foreign Terrorist Organization (“FTO”). According to the
most recent FTO list which was released on January 19, 2010, ANO remains designated
as a FTO. (Ex.43).
28.

The ANO, in at least the fall of 1985, trained its terrorist squads in the

Syrian controlled Baaka Valley in Lebanon, maintained safe houses and headquarters in
Damascus, and with the permission of the Syrian government and the Syrian Defendants,
dispatched its terrorist operatives from its training camps, (Lang, T-23-172-173; Ex. 44 at
pg. 91, 92 ¶¶9, 10), and did, in December 1985 the nearly simultaneous and coordinated
Rome and Vienna Airport Attacks. The ANO was one of the most violent terrorist

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organizations in the world which specifically aimed its terrorist attacks at United States
targets.
C.

29.

SYRIA SPONSORED
ORGANIZATION

AND

SUPPORTED

THE

ABU

NIDAL

The head of the Syrian Air Force Intelligence General Muhammad al-

Khuli in his official capacity invited Abu Nidal and his organization to move to Syria in
January, 1981. (Deeb, T-23-196, Ex. 54 pg. 130 ¶10).
30.

When al-Khuli officially invited the ANO to be based in Syria, he was

following the orders of Syrian President Hafiz al-Assad. (Deeb, T-23-196; Ex. 54 at pg.
130 ¶10).
31.

During the relevant period of the Rome and Vienna Airport Attacks,

and up to the present, Syria was a police state under the al-Assad family. (Deeb, T-23199; Ex. 54 at pg. 132, 133 ¶13). Accordingly, while the ANO was based in Syria, its
actions and terrorist operations would not have been possible without the full knowledge
and support of President Hafiz al-Assad and his chief intelligence officer General
Muhammad al-Khuli. (Deeb, T-23-199; Ex. 54 at pg. 132, 133 ¶13).
32.

In the beginning of 1983, when the ANO more concretely established

itself in Syria with headquarters, physical bases for training and other purposes, marked
the exponential growth of ANO attacks around the world; ANO attacks increased in
number and geographic scope. (Deeb, Ex. 54 at pg. 130 ¶11).
33.

ANO operations expanded to include attacks in the greater Middle

East, Turkey, Pakistan and Western Europe. (Deeb, Ex. 54 at pg. 20).
34.

The ANO’s establishment of a base of operations in Syria in 1983 also

marked a dramatic increase in the number of ANO terrorist attacks; more than a dozen

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ANO attacks in 1984 and twice that number in 1985. (Deeb, T-23-197, Ex. 54 at pg. 130
¶11);
35.

The extensive support and infrastructure provided by the Syrian

Defendants enabled the ANO to expand its scope of operations, resulting in more terrorist
attacks. (Long, Ex. 56 at pg. 4 ¶2).
36.

Both before and after the November-December 1985 time period

during which the Rome and Vienna Airport Attacks occurred, Syria provided logistical
support to the ANO including, but not limited to, permitting the ANO to maintain offices
and safe houses in Syria, maintaining training camps in Syrian controlled territory
including the Baaka Valley in Lebanon, and the providing of identification and travel
documents to ANO operatives. (Lang, T-23-172-174, Ex. 44 at pg. 91 ¶¶9, 10; Oakley, T23-159-160, 162-163, Ex. 55 at pg. 32 ¶ 8; Rezaq, T-23-75-76; Ex. 26, at pp. 338, 345346, 359; Ibrahim, T-23-83; Ex. 24 at pg. 75 ¶13; Deeb, T-23-201; Ex. 54 at pg. 134
¶16).
37.

Syria also allowed the ANO to move about freely in Syria and in

Syrian-controlled Lebanon and in this regard permitted ANO operatives to transit to and
through the Damascus international airport, (Deeb, T-23-201, Ex. 54 at pg. 134 ¶16) and
also, to and through the Beirut, Lebanon airport. (Lang, Ex. 44 at pg. 49).
38.

Moreover, Syria also permitted ANO agents the freedom to travel on

military highways between training camps in Syrian controlled Lebanon and Damascus
without passport control. (Lang, T-23-174; Ex. 44 at pg. 38).
39.

Surviving ANO terrorists from the Rome and Vienna Airport Attacks

have corroborated, by sworn depositions and/or filed affidavits, each of which have been

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admitted into evidence by the Court, Syria’s specific logistical and material support and
sponsorship of the ANO during the time period of November-December, 1985 and of
these specific Rome and Vienna airport attacks. (Ibrahim, Ex. 24-25, Badra, Ex. 28).
40.

Syria participated in the selection of the timing and the methodologies,

as well the operations themselves, which were involved in the Rome and Vienna Airport
Attacks. (Deeb, Ex. 54 at pp. 18-19).
41.

The Syrian government, both directly and acting through Syrian Air

Force Intelligence, provided support to the ANO organization and specifically sponsored
the ANO Rome and Vienna Airport Attacks. (Lang, Ex. 44 at pg. 38). The Rome and
Vienna Airport Attacks could not have taken place without Syria’s direct support for the
ANO. (Lang, T-23-179; Ex. 44 at pg. 96 ¶22; Deeb, T-23-197-98; Ex. 54 at pg. 132 ¶11;
Long, Ex. 56 at pg. 4 ¶4; Schweitzer, Ex. 58 at 35).
42.

The ANO was materially and substantially supported in its terrorist

activities by the Syrian Defendants beginning in 1981-1983 and continuing through and
including the December 1985 Rome and Vienna Airport Attacks.4
D.

43.

THE SYRIAN SPONSORED ABU NIDAL ORGANIZATION
PERPETRATED THE ROME AND VIENNA AIRPORT ATTACKS
On December 25, 1985, four members of the ANO went to the Rome

Fiumicinio Airport and opened fire on individuals standing at or near the El Al, Pan Am,
and TWA counters.
44.

The victims who did not survive the Rome Airport Attack include, but

4

The EgyptAir Hijacking and Rome and Vienna Airport Attacks occurred less than a month apart and
benefited from the same support and material aid provided by the Syrian Defendants. Both sets of attacks
were part of the Syrian-ANO plan, design and conspiracy to destabilize the Middle East peace process and
Syria’s support, aiding and abetting of ANO for each attack occurred in furtherance of such conspiracy as
acts of international terrorism.

- 15 -

are not limited to, John Buonocore III, Frederick Gage, Don Maland, Charles Shinn,
Natasha Simpson, Elena Tommarello, Plaintiffs in this case;
45.

The surviving victims of the Rome Airport Attack include, but are not

limited to, Salvatore Ferrigno, Mark Maland, Jeanette Sweis, Juliet Sweis, Michael
Sweis, Saeid Sweis, Victor Simpson, Michael Simpson, Jeanne Shinn and Francesco
Zerilli, Plaintiffs in this case.
46.

Prior to the attack, at a meeting in Damascus, ANO leaders instructed

Ibrahim and the other three terrorists to wait in Rome until contacted and provided orders
and details of the operation. (Ibrahim, T-23-94; Ex. 24 at pg. 76 ¶20).
47.

When in Rome, Ibrahim spoke with Fouad, a member of the

Committee on Foreign Operations, who was at Abu Nidal offices in Damascus. (Ibrahim,
Ex. 24 at pg 76 ¶22).
48.

Fouad met with Ibrahim and the other terrorists in Rome on December

25, 1985, and instructed them to go to Fiumicino airport, to take hostages, to take them to
the Israeli airplane and to make a request that all the Palestinian prisoners be freed.
(Ibrahim, Ex. 24 at pg. 76-77 ¶23).
49.

Fouad instructed the terrorists that Rome Fiumicino airport would be

the target of the attack, and informed them that the time of the attack was important, in
order to show people that they could coordinate the Rome and Vienna Airport attacks and
demonstrate the power of their organization. (Ibrahim, Ex. 24 at pg. 77 ¶24).
50.

On December 27, 1985, Ibrahim and the other terrorists positioned

themselves in the airport for the 9:00 am attack. (Ibrahim, Ex. 24 at pg. 77 ¶ 27).
51.

Each terrorist had his own bag containing a Kalashnikov and grenades.

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(Ibrahim, Ex. 24 at pg. 77 ¶ 27).
52.

The El Al, Pan Am, and TWA counters in the Rome Fiumicino airport

were located in a public area, several yards from the security checkpoint. (S. Ferrigno, T22B-63).
53.

At approximately 9:00 am, December 27, 1985, Plaintiffs standing at

or near the El Al and TWA counters at the Rome Fiumicino airport heard “firecracker”
sounds and gunshots. (M. Maland, T-22A-52).
54.

At approximately 9:00 am, Salvatore Ferrigno was running to make

his next flight to the United States, when he heard “firecracker” sounds. (S. Ferrigno, T22B-63).
55.

Mr. Ferrigno subsequently heard machine gun fire and observed

people crying, trying to hide and run away. (S. Ferrigno, T-22B-63, 64).
56.

Trying to reach the exit door, Mr. Ferrigno observed people lying on

the floor, hit by bullets, and deciding that he wouldn’t be able to make it to the door, he
lay down on the floor, as well. (S. Ferrigno, T-22B-64).
57.

As soon as he heard the sound of gunshots, Francesco Zerilli threw

himself to the ground. (F. Zerilli, T-24-49).
58.

Upon hearing the gunshots and explosions, Victor Simpson

instinctively fell to the group and shielded his eldest daughter Natasha from the gunfire.
(V. Simpson Ex. 59).
59.

Shortly thereafter, Mr. Zerilli began hearing bigger explosions, which

sounded like grenades. (F. Zerilli, T-24-51).
60.

John Buonocore, III was in the ticket hall during the attack and was

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killed by a terrorist bullet to his back which exited his thorax. (T. Buonocore, T-23-9, Ex.
32).
61.

Frederick Gage was also present near the ticket counters and was

killed during the attack after being shot multiple times in the thorax and abdomen. (N.
Gage, T-23-50-51, Ex. 41).
62.

While lying on the ground with his brother Don, who was killed, Mark

Maland was hit by a bullet in the right leg. (M. Maland, T-22A-53).
63.

One of the terrorists was lying on the floor with a machine gun,

shooting at ground level. (Ferrigno, T-22B-64).
64.

To protect himself from the bullets, Mr. Ferrigno covered his head

with his hands, and it was at this point that he was shot. (Ferrigno, T-22B-64).
65.

Mr. Ferrigno was hit with two bullets to his chest and one that went

through his hand. (Ferrigno, T-22B-65).
66.

Amidst the gunfire and explosions Charles Shinn desperately tried to

lift his wife Jeanne to safety over a ticket counter (B. Mignerey, T-23-121).
67.

Charles Shinn sustained multiple hand grenade shrapnel injuries and

gunshot injuries and eventually died as a result of the Rome and Vienna Airport Attacks.
(B. Mignerey, T-23-122)
68.

Despite Charles Shinn’s efforts to protect his wife Jeanne Shinn,

Jeanne sustained multiple hand grenade shrapnel injuries. (B. Mignerey, T-23-120-122,
138).
69.

Michael Simpson, the youngest of the Simpson family children, had

gone to retrieve a luggage cart before the shooting commenced and during the attack was

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wounded in the stomach. (M. Simpson, Ex. 60).
70.

Elena Tommarello was standing in the airport terminal and was shot

numerous times from the waist down by a machine gun fire and died as a result of the
Rome and Vienna Airport Attacks. (B. Pepenella, T-24-131).
71.

The Sweis family was in the terminal at a restaurant kiosk during the

attack and Michael, Jeanette, Juliet and Saeid Sweis were all physically injured during
the attack. (Jean. Sweis, T-24-97-98, Jul. Sweis, T-24-16-18, Saeid Sweis, T-24-143144).
72.

The terrorist who was on the floor firing was shot and his leg

wounded, so he tossed aside his machine gun and tried to make it appear that he was one
of the victims on the floor. (Ferrigno, T-22B-64).
73.

Suddenly, the terrorists stopped shooting, and Mr. Ferrigno observed

the police catch the only terrorist still alive. (Ferrigno, T-22B-66).
74.

When the firing stopped Mr. Maland noticed a pool of blood in front

of the head of his brother, Don Maland, and felt a crease just across the top of Don’s
head. Don Maland died as a result of the Rome Airport Attack (M. Maland 2-22A-54).
75.

Once the gunfire finally stopped, Victor Simpson looked down to see

his daughter Natasha Simpson unconscious and not moving. She died as a result of the
Rome Airport Attack (V. Simpson, Ex. 59).
76.

Only after Natasha Simpson was taken in an ambulance did Victor

Simpson discover that his right hand had been shot, was in pieces and covered in blood.
(V. Simpson, Ex. 59).

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77.

It was abundantly clear to individuals who served in key

counterterrorism positions within the United States government during the relevant
period that the Syrian government had provided material support to the ANO in the
conduct of the Rome and Vienna Airport Attacks. (Lang, T-23-172-174; Long, Ex. 56,
Oakley, T-23-160-161; Ex. 55).
78.

Syrian support for the ANO in its conduct of the Rome and Vienna

Airport Attacks took various forms, specifically including, but not limited to: allowing
the ANO to maintain offices in Damascus, the maintenance and operation of training
camps in Syrian controlled territory (being the Baaka Valley in Lebanon), the provision
of operational guidance, clearance for travel into and out of Syrian borders and the
transportation of ANO operatives and personnel on Syrian military highways. (Oakley,
T-23-160; Lang, T-23-172-174; Ex. 44 at pg. 38-39; Rezaq, T-23-75-76; Ex. 26, at pp.
338, 345-346, 359).
79.

Khalid Ibrahim was sentenced to serve a life sentence at Rebibbia

Prison, in Rome, Italy having been convicted in the Italian criminal courts for his
participation in the attack upon the TWA and El Al Israel Airlines check-in counters at
the Rome Fiumicino/Leonardo da Vinci Airport airport, which occurred on December 27,
1985. (Ex. 24).
80.

There is no doubt that Syria materially and substantially supported,

aided, abetted and sponsored the ANO in its preparation for and the conduct of the ANO
terrorist attacks on the Rome and Vienna airports in December 1985, and that the Rome
and Vienna Airport Attacks could not have occurred without and did occur as a result of
Syria’s support and sponsorship of the ANO terrorist organization,

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E.

THERE WERE AMERICAN VICTIMS
SPONSORED ROME AIRPORT ATTACK

i.

The Maland Family

81.

OF

THE

SYRIAN

Don Maland was born in Mineola, New York on November 30, 1955.

(Ex. 13). Mr. Maland was born a United States citizen and was a United States citizen at
the time of his murder. (E. Maland, T-22A-83).
82.

Don Maland’s biological father was Einar Maland. (Ex. 13).

83.

Don Maland’s biological mother was Grace Maland. (Ex. 13).

84.

Don Maland’s siblings are Jane Maland, Mark Maland, Ellen Maland

and Tim Maland. (M. Maland, T-22A-31).
85.

Einar Maland is now deceased. (Ex. 9). Mark Maland serves as the

personal representative of the Estate of Einar Maland. (Ex. 10, M. Maland, T-22A-30).
86.

Grace Maland is now deceased. (Ex. 7). Mark Maland serves as the

personal representative of the Estate of Grace Maland. (Ex.8, M. Maland, T-22A-27)
87.

Don Maland’s parents and siblings were all United States citizens.

Einar Maland was a naturalized United States citizen and was a U.S. citizen prior to the
Rome and Vienna Airport Attacks. (M. Maland T-22A-28). Grace Maland was born a
United States citizen and remained a citizen throughout her lifetime. (M. Maland, T22A-26). Mark Maland was born a United States citizen and has remained a United
States citizen at all times since his birth. (Ex. 2, M. Maland T-22A-23). Jane Maland,
Ellen Maland and Tim Maland each were born United States citizens and have remained
United States citizens from the time of their respective births through the present. (Ex.

- 21 -

20, J. Maland, T-22B-6, Ex. 11, 12 E. Maland T-22A-79-80, Ex.17,18 T. Maland T-22B28-29).
88.

At the time of the Rome and Vienna Airport Attacks, Don Maland

worked for Ford Aerospace, in the Cairo branch office. (E. Maland, T-22A-82)
89.

On December 27, 1985 Don Maland was at the Rome Fiumicino

Airport with his brother Mark Maland. (M. Maland, T-22A-50-51)
90.

Mark Maland suffered gunshot wounds to his leg in the attack. (M.

Maland, T-22A-50,53)
91.

Don Maland was shot in the head. (M. Maland T-22A-54). Although

he survived for a period of time, Don Maland died from his head wounds suffered in the
Rome Airport Attack. (M. Maland T-22A-64). Ellen Maland, the sister of Don Maland,
serves as the Personal Representative of the Estate of Don Maland. (E. Maland T-22A64; Ex 16.)
92.

In addition to the severe physical injuries suffered by Don and Mark

Maland, both Don and Mark Maland suffered severe emotional trauma and mental
anguish as they waited to be evacuated from the Rome Fiumicino airport. (M. Maland,
T-22A, 55-60)
93.

The family members of Mark Maland and Don Maland, and each of

them who are Plaintiffs in this action, have endured emotional distress, mental anguish
and suffering and solatium damages as a result of the acts of the Defendants, and each of
them, all to their respective damage.
ii.

John Buonocore, III

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94.

John Buonocore, III was born in New York, New York on February

16, 1965. (Ex. 30). At the time of his murder, Mr. Buonocore, III was a United States
citizen. (Ex. 31,T. Buonocore T-23-10).
95.

John Buonocore, III’s biological father was John Buonocore, Jr. (Ex.

30, T. Buonocore, T-23-8).
96.

John Buonocore, III’s biological mother was Cecile Buonocore whose

birth name was Cecile Hall. (Ex 30, T. Buonocore, T-23-8).
97.

John Buonocore, III’s only sibling is Todd Buonocore. (T. Buonocore,

T-23-8).
98.

Cecile Buonocore currently serves as the Administrator of John

Buonocore, III’s Estate. (Ex. 34, T, Buonocore, T-23-10).
99.

John Buonocore, III’s father John Buonocore, Jr., was born a United

States citizen and has remained a United States citizen. (J. Buonocore, T-24-74). John
Buonocore, III’s mother Cecile Buonocore was born a United States citizen and has
remained a United States citizen. (Ex. 37, C. Buonocore, T-23-42).
100.

John Buonocore, III’s brother, Todd Buonocore was born a citizen of

the United States and has remained a United States citizen from the time of his birth
through the present. (Ex. 28, 29, T. Buonocore, T-23-6).
101.

In December, 1985, John Buonocore, III was a student at Dickenson

College and was studying abroad at the Intercollegiate Studies program of Stanford
University which was based in Rome, Italy. (T. Buonocore, T-23-14).
102.

John Buonocore, III suffered grievously when he was shot during the

Rome Airport Attack on December 27, 1985 (Ex. 33, T. Buonocore, T-23-32-33)

- 23 -

103.

John Buonocore, III’s last hour of his life surely was wretched, painful

and anguishing as a result of his suffering prior to his death. His life was materially
disrupted, altered and ended as a result of the acts of the Defendants, and each of them,
all to his damage and the damage to his Estate.
104.

The family members of John Buonocore, III, and each of them who are

Plaintiffs in this action, have endured emotional distress, mental anguish, suffering and
solatium damages as a result of the acts of the Defendants, and each of them, all to their
respective damage.
iii.
105.

Frederick Gage
Frederick Gage was born in Madison, Wisconsin on August 17, 1956.

(Ex. 40). From the time of his birth until his murder, Mr. Gage was a United States
citizen. N. Gage, T-23-52).
106.

At the time of his death, Frederick Gage’s, had only one surviving

sibling, Nancy Gage. (N. Gage, T-23-49).
107.

Nancy Gage currently serves as the Administrator of Frederick Gage’s

Estate. (Ex. 42, N. Gage, T-23-51). .
108.

Frederick Gage’s sister, Nancy Gage was born a citizen of the United

States and has remained United States citizen from the time of her birth through the
present. (Ex. 38, 39, N. Gage, T-23-46-47).
109.

In December, 1985, Frederick Gage was travelling in Europe and at

the Rome Fiumicino airport on his way to Austria to visit friends. (N. Gage, T-23-63).
110.

Frederick Gage suffered grievously when he was shot during the Rome

Airport Attack on December 27, 1985 (Ex. 41, N. Gage, T-23-51)

- 24 -

111.

Frederick Gage’s last hour of his life surely was wretched, painful and

anguishing as a result of his suffering prior to his death.

His life was materially

disrupted, altered and ended as a result of the acts of the Defendants, and each of them,
all to his damage and the damage to his Estate.
112.

Nancy Gage, the only surviving family member of Frederick Gage,

who is a Plaintiff in this action, has endured emotional distress, mental anguish, suffering
and solatium damages as a result of the acts of the Defendants, and each of them, all to
her respective damage.
iv.
113.

The Shinn Family
Charles Shinn was born in Missouri on July 5, 1916. (Ex. 45). Mr.

Shinn was born a United States citizen and remained a United States citizen from the
time of his birth until his death from his injuries. (Mignerey, T-23-112).
114.

Jeanne Shinn was a United States citizen. (Mignerey, T-23-118).

115.

At the time of the Rome Airport Attack, Charles and Jeanne Shinn

were travelling for the Christmas holidays. (Mignerey, T-23-119)
116.

On December 27, 1985 the Shinns were at the Rome Fiumicino

Airport. (Mignerey, T-23-119)
117.

Charles Shinn suffered gunshot and shrapnel wounds to his arms, legs

and chest and died as a result of the Rome Airport Attack. (Mignerey, T-23-122)
118.

Jeanne Shinn suffered shrapnel wounds in her arm, face and wrist and

ruptured her eardrum a result of the Rome Airport Attack. (Mignerey, T-23-122)
119.

In addition to the severe physical injuries suffered by Charles and

Jeanne Shinn, both Charles and Jeanne suffered severe emotional trauma and mental

- 25 -

anguish, suffering and solatium damages as a result of the Rome Airport Attack.
(Mignerey, T-23-125;127;129)
v.
120.

The Sweis Family
Michael Sweis was born in Jordan and became a naturalized United States

citizen in 1977. (Ex. 75, Ju. Sweis, T-24-12)
121.

Aida Lykawar Sweis was also born in Jordan and became a naturalized

United States citizen in 1978. (Ex. 80, Ju. Sweis, T-24-12)
122.

From the time of their naturalization until the dates of their respective

deaths, neither Michael Sweis nor Aida Sweis renounced their United States citizenship
and both remained United States citizens. (Ju. Sweis, T-24-12)
123.

Michael Sweis and Aida Sweis were the parents of four children; Juliet

Sweis, Sayel Sweis, Jeanette Sweis and Saied Sweis. (Ju. Sweis, T-24-12).
124.

All of the Sweis children were born in the United States and since their

birth have been and remain, United States citizens. (Ju. Sweis, T-24-13, Ex. 61, 62, 73,
64 and 65).
125.

Michael Sweis is now deceased. (Ex. 78). Jeanette Sweis serves as the

executor of the Estate of Michael Sweis. (Ex. 79, Je. Sweis, T-24-93).
126.

Aida Sweis is now deceased. (Ex. 82). Jeanette Sweis serves as the

personal representative of the Estate of Aida Sweis. (Ex. 92, Je. Sweis, T-24-94).
127.

At the time of the Rome Airport Attack, the Sweis Family were travelling

together and were in Rome, Italy. (Je. Sweis, T-24-96).

- 26 -

128.

On the morning of December 27, 1985 the family was at the Rome

Fiumicino airport preparing to travel back to Chicago; they were in the McDonalds café
of the airport eating breakfast. (Je. Sweis, T-24-97).
129.

While in the café, gunfire erupted and many of the Sweis family members

were wounded as a result of gunshots and shrapnel. (Je. Sweis, T-24-97).
130.

Jeanette Sweis suffered gunshot and shrapnel wounds to her legs. (Je.

Sweis, T-24-97-98).
131.

Michael Sweis suffered gunshot and shrapnel wounds. (Je. Sweis, T-24-

132.

Juliet Sweis suffered shrapnel wounds to her head. (Ju. Sweis, T-24-17).

133.

Saied Sweis suffered shrapnel wounds to his calf and arm. (Ju. Sweis, T-

98).

24-18).
134.

In addition to the severe physical injuries suffered by Michael Sweis and

his children Jeanette, Juliet and Saied Sweis, the entire Sweis Family, including Aida
Sweis and Sayel Sweis, suffered severe emotional trauma and mental anguish as they
waited to be evacuated from the Rome Fiumicino airport. (Ju. Sweis, T-24-18-19; Je.
Sweis T-24-117-118).
135.

The Sweis family members, and each of them who are Plaintiffs in this

action, have endured emotional distress, mental anguish and suffering and solatium
damages as a result of the acts of the Defendants, and each of them, all to their respective
damage.
vi.

The Simpson Family

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136.

Victor Simpson was born in New York on May 11, 1942. (Simpson, T-24-

156; Ex. 59). Mr. Simpson was born a United States citizen and has remained a United
States citizen from the time of his birth through the present. (V. Simpson, T-24-156).
137.

Antonia Daniela Petroff Simpson (“Daniela Simpson”) was born in

Germany on March 12, 1945, and became a naturalized United States citizen in 1946. (V.
Simpson, Ex. 59B; Ex. 59A).
138.

From the time of Daniela Simpson’s naturalization until the present, Mrs.

Simpson has remained a United States citizen. (V. Simpson, Ex. 59A).
139.

At the time of the Rome Airport Attack on December 27, 1985 Victor

Simpson and Daniela Simpson were the parents of two children: Natasha Simpson and
Michael Simpson. (M. Simpson, T-24-151).
140.

Natasha Simpson was born in Rome, Italy on April 28, 1974 and was born

a United States citizen. (V. Simpson, Ex. 59C) Michael Simpson was born in Rome, Italy
on October 14, 1976, and was born a United States citizen. (Ex. 60A).
141.

From the date of his birth until the present, Michael Simpson has remained

a United States citizen. (M. Simpson, T-24-152; Ex. 60B).
142.

From the date of her birth until the date of her death, Natasha Simpson

remained a citizen of the United States. (V. Simpson, Ex. 59D, E).
143.

Victor Simpson and Daniela Simpson currently serve as the personal co-

representatives of Natasha Simpson’s Estate. (V. Simpson, Ex. 59F).
144.

At the time of the Rome Airport Attack, the Simpson Family was travelling

together and were in Rome, Italy. (M. Simpson, T-24-152).

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145.

On the morning of December 27, 1985 the family was at the Rome

Fiumicino airport preparing to travel to the United States. (M. Simpson, T-24-152).
146.

While at the airport, gunfire erupted and Victor Simpson, Natasha Simpson

and Michael Simpson were struck with bullets. (V. Simpson, T-24-156; V. Simpson, Ex.
59 Video).
147.

Victor Simpson suffered gunshot wounds to his wrist and hand. (M.

Simpson, T-24-153; V. Simpson, Ex. 59 Video).
148.

Michael Simpson suffered shrapnel wounds to his abdomen. (M. Simpson,

T-24-153; Ex. 60C).
149.

Natasha Simpson was mortally wounded when she was hit with terrorist

bullets. (M. Simpson, T-24-153). Natasha Simpson’s last moments of her life surely were
filled with fear, pain and anguish as a result of her suffering prior to her death. Her
young life was materially disrupted, altered and tragically ended as a result of the acts of
the Defendants, and each of them, all to her damage and the damage to her Estate.
150.

In addition to severe physical injuries suffered by Victor Simpson, Natasha

Simpson and Michael Simpson, the entire Simpson Family, including Victor Simpson,
Daniela Simpson and Michael Simpson suffered severe emotional trauma and mental
anguish as a result of the Rome Airport Attack which claimed the life of Natasha. (V.
Simpson, T-24-156; M. Simpson, T-24-154).
151.

The Simpson family members, and each of them who are Plaintiffs in this

action, have endured emotional distress, mental anguish and suffering and solatium
damages as a result of the acts of the Defendants, and each of them, all to their respective
damage.

- 29 -

vii.

Elena Tommarello

141. Elena Tommarello was born in Italy on January 18, 1918 and became a
naturalized United States citizen on November 10, 1972. (Ex. 89, B. Pepenella, , T-24122).
142.

From the time of her naturalization until the date of her death, Elena

Tommarello did not renounce her United States citizenship and she remained a U.S.
citizen. (B. Pepenella, T-24-137).
143.

At the time of her death, Elana Tommarello had two sons; Bruno

Pepenella and Armando Pepenella. (A. Pepenella, T-24-139).
144.

Armando Pepenella currently serves as the Administrator of Elena

Tommarello’s Estate. (Ex. 69E, A. Pepenella, T-24-140).5
145.

All of Elena Tommarello’s children are United States Permanent

Residents. (Ex. 68; Ex. 69A)
146.

On the morning of December 27, 1985 Elena Tommarello was at the

Rome Fiumicino airport preparing to travel back to the U.S. to spend the New Years
holiday with her children and grandchildren. (B. Pepenella, T-24-130).
147.

Elena Tommarello suffered grievously when she was shot during the

Rome Airport Attack on December 27, 1985 (Ex. 90, B. Pepenella, T-24-133).
148.

Elena Tommarello survived the attack and was transported to the hospital.

Elena Tommarello succumbed to her wounds and passed away in the early hours of
December 28, 1985 as a result of the Rome Airport Attack. (Ex. 91; B. Pepenella, T-24133). Elena Tommarello’s last hours of life surely were filled with anguishing pain,
5

Plaintiff’s counsel has learned of the passing of Armando Pepenella on August 12, 2011. The Court will
be advised upon the appointment of a substitute Administrator for the Estate of Elena Tommarello and the
appointment of a Personal Representative for his estate.

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