All two hundred forty-three passengers and sixteen crew members, including among them the decedents of all plaintiffs herein, perished as a result of the explosion and consequent crash. Defendants Fhima and Megrahi were among the group of terrorists personally responsible for the destruction of Flight 103 and the deaths of its passengers and crew. Defendant Libya provided material support and resources to the terrorists, in that Libyan government agents and officials, acting in the scope of their offices, provided the terrorists with money, labor, intelligence information, equipment, and supplies, including electronic timing devices, electronic blasting caps and detonators, and explosives. Libya's national and state-owned airline, defendant LAA, also provided material support and resources to the terrorists responsible for the bombing of Flight 103, in that its agents and officials, acting in the scope of their offices and agency, furnished the terrorists with transportation of their persons and of materials, and furnished storage facilities, baggage documents, access to airport facilities including baggage handling systems, and other assistance, with the knowledge that such would materially assist them in carrying out the Flight 103 bombing. Defendants' conduct constituted a common law assault and battery under governing law, and defendants would be liable for the injuries suffered by each of the decedents, had decedents not died.
Defendants are liable to the decedents' estates and survivors for compensatory and punitive damages.
Defendants' conduct also constitutes a violation of international law. The plaintiffs and the estates of each decedent are entitled to recover wrongful death damages, including pecuniary losses, and damages for loss of support, consortium, society, companionship, prospective inheritance, care, love, guidance, training, education, and services, and damages for grief and mental anguish, moral damages, burial expenses and other damages. Plaintiffs repeat the allegations of paragraphs 1-22 as if fully set forth at length. Before their deaths, decedents suffered conscious pain and suffering and fear of their impending deaths, entitling them Lo compensatory damages under governing law. Plaintiffs repeal the allegations of paragraphs 1-22 as if fully set forth at length.