MASSIE v. GOVT. OF DEMOCRATIC PEOPLE’S OF KOREA
Cite as 592 F.Supp.2d 57 (D.D.C. 2008)
6. Damages O57.9, 57.11
Under California law, the damages recoverable by the victim of a tortuous act
may include recovery for the grief, anxiety,
worry, mortification, and humiliation which
one suffers by reason of physical injuries.
7. Assault and Battery O31
International Law O10.33
Former crew members of United
States Naval vessel captured by the
Government of the Democratic People’s
Republic of Korea (North Korea) were
entitled to recover, in action under the
terrorism exception to the Foreign Sovereign Immunities Act (FSIA), in their
claims for assault and battery under
California, Illinois, Virginia and Pennsylvania law; crew members were subjected
to severe, multiple and incessant beatings and torture committed by agents of
North Korea. 28 U.S.C.A. § 1605(a)(7).
8. False Imprisonment O5, 6, 7(1)
Former crew members of United
States Naval vessel captured by the
Government of the Democratic People’s
Republic of Korea (North Korea) were
entitled to recover, in action under the
terrorism exception to the Foreign Sovereign Immunities Act (FSIA), on their
claims for false imprisonment under California, Illinois, Virginia and Pennsylvania law; crew members were forcibly removed from their ship and unlawfully
detained and held hostage without their
consent for eleven months. 28 U.S.C.A.
§ 1605(a)(7).
9. Damages O57.21
Under California, Illinois and Virginia
law, a cause of action for intentional infliction of emotional distress (IIED) may be
brought where a plaintiff can show (1)
outrageous conduct by the defendant, (2)
intention to cause or reckless disregard of
the probability of causing emotional distress, (3) severe emotional suffering and
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(4) actual and proximate causation of the
emotional distress.
10. Damages O36, 57.23(1), 57.24
Under California law, damages for intentional infliction of emotional distress
(IIED) may be recovered for both economic losses, which include reasonable compensation for any financial loss suffered by
the plaintiff which was proximately caused
by emotional distress, and non-economic
losses such as damages for humiliation,
anxiety, and mental anguish.
11. Abatement and Revival O54
Pursuant to California law, causes of
action for physical injuries and damages
suffered by captain of United States Naval
vessel captured by the Government of the
Democratic People’s Republic of Korea
(North Korea) survived his death and
could be brought by his estate.
12. Husband and Wife O209(1)
International Law O10.33
Wife of deceased captain of United
States Naval vessel captured by the Government of the Democratic People’s Republic of Korea (North Korea) was entitled
to damages for loss of solatium, in action
under the terrorism exception to the Foreign Sovereign Immunities Act (FSIA);
while her husband was being held hostage,
wife was deprived of his services, support,
consortium, affection, companionship, and
solatium. 28 U.S.C.A. § 1605(a)(7).
13. Assault and Battery O38
Damages O127.7
Calculated at rate of $10,000 per day
of captivity, appropriate awards of damages for pain and suffering, in action, under the terrorism exception to the Foreign
Sovereign Immunities Act (FSIA), brought
by former crew members of United States
Naval vessel captured by the Government
of the Democratic People’s Republic of