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Former Chilean army officer tortured, killed folk singer, family alleged

Amount:

$28,000,000

Type:

Verdict-Plaintiff

State:

Florida

Venue:

Federal

Court:

U.S. District Court, Middle District, Orlando Division

Injury Type(s):

other-death; other-gunshot wound; other-loss of society

Case Type:

Wrongful Death; Intentional Torts

Case Name:

Joan Jara, in her individual capacity, and in her capacity as the personal representative of the Estate of Victo Jara, Amanda Jara Turner, and Manuela Bunster v. Pedro Pablo Barrientos Nunez,
No. 6:13-cv-1426-RBD-GJK

Date:

June 27, 2016

Parties

Plaintiff(s):

Joan Jara (Female), 

Amanda Jara (Female), 

Manuela Bunster , 

Estate of Victor (deceased) Jara (Male, 40 Years)

Plaintiff Attorney(s):

Adriana T. Ingenito;
Chadbourne & Parke, LLP;
New York,
NY,
for
Joan Jara, Amanda Jara, Manuela Bunster, Estate of Victor(deceased) Jara ■ Amy Belsher;
Chadbourne & Parke, LLP;
New York,
NY,
for
Joan Jara, Amanda Jara, Manuela Bunster, Estate of Victor(deceased) Jara ■ Daniel McLaughlin;
Center for Justice & Accountability;
San Francisco,
CA,
for
Joan Jara, Amanda Jara, Manuela Bunster, Estate of Victor(deceased) Jara

Defendant(s):

Pedro Pablo Barrientos Nunez

Defense Attorney(s):

Luis F. Calderon;
Baez Law Firm;
Orlando,
FL,
for
Pedro Pablo Barrientos Nunez ■ Sean W. Landers;
Baez Law Firm;
Orlando,
FL,
for
Pedro Pablo Barrientos Nunez

Facts:

On September 15, 1973, plaintiffs’ decedent Chilean folk singer Victor Jara, 40, was tortured before being shot to death in a sports stadium where he had been held after the coup that brought Gen. Augusto Pinochet to power. On September 9, 2013, Joan Jara, in her individual capacity, and in her capacity as the personal representative of the estate of her husband, Amanda Jara Turner, and Manuela Bunster, sued former Chilean Army Officer Pedro Pablo Barrientos Nunez, under the U.S. Alien Tort Statute and Torture Victim Protection Act. Estate’s counsel alleged Barrientos Nunez participated in the torture and murder of Victor and should be held accountable for his role. Barrientos Nunez fled to the U.S. after the regime’s collapse and became a U.S. citizen. Counsel alleged Barrientos Nunez ordered the torture of Victor after the military coup of Sept. 11, 1973, in which right-wing military officers overthrew the government of Marxist President Salvador Allende with the help of the U.S. government. Victor served as Allende’s culture minister during his short presidency and was a member of Chile’s Communist Party. Following Allende’s overthrow, Victor was arrested at Santiago’s State Technical University, where he taught, and was transported with other students and professors to Chile Stadium. Estate’s counsel alleged that Victor, having been identified upon arrival, was tortured and ultimately executed by Barrientos Nunez. Forensic investigations in 2009 determined Victor was shot 44 times. Victor’s career/work included singing songs about poverty and injustice. The estate alleged that a former soldier testified in a videotaped deposition that Barrientos Nunez boasted about having shot Victor twice in the head. Defense counsel for Barrientos Nunez denied he killed Victor, claiming he was never at the Chile Stadium and denied knowing who Victor was at the time of his killing.

Injury:

Joan Jara, and her daughters, Amanda Jara Turner, and Manuela Bunster, sought to recover compensatory damages for their pain and suffering, as a result of the death of Victor. The estate also sought punitive damages against Barrientos Nunez. Joan, 88, testified how her life was "cut in two" after the coup in Chile and the violent death of her husband.

Result:

The jury found that Barrientos Nunez is liable for the torture of Victor Jara. The jury found that Barrientos Nunez is liable for the extrajudicial killing of Victor Jara. The jury determined that Joan Jara, Amanda Jara Turner, and Manuela Baunster’s compensatory damages totaled $2 million. The jury determined that the estate’s compensatory damages totaled $6 miliion. In addition, the jury assessed $20 million in punitive damages against Barrientos Nunez. Hence, the total award was $28 million.

Estate of Victor (deceased) Jara: $20,000,000 Personal Injury: Punitive Exemplary Damages; $8,000,000 Personal Injury: compensatory damages

Trial Information:

Judge:

Roy B. Dalton Jr.

Trial Length:

7
 days

Trial Deliberations:

3
 hours

Editor’s Comment:

This report is based on information gleaned from court documents and media reports. Plaintiffs’ and defense counsel did not respond to the reporter’s phone calls.