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 59 (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

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