76
592 FEDERAL SUPPLEMENT, 2d SERIES
moved from their ship Massie, Tuck,
McClarren, and Cdr. Bucher were unlawfully detained and held hostage against
their will and without their consent for a
period of eleven months.
25. California, Pennsylvania, Illinois
and Virginia provide a cause of action for
false imprisonment as alleged in the complaint.
[8] 26. Massie, Tuck, McClarren, and
Cdr. Bucher plaintiffs were falsely imprisoned by North Korea.
(Intentional Infliction of Emotional
Distress)
[9] 27. California law provides a
cause of action for intentional infliction of
emotional distress where a plaintiff can
satisfy the following elements: ‘‘(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 (4) actual and proximate causation of the emotional distress.’’ Agarwal v. Johnson, 25
Cal.3d 932, 946, 160 Cal.Rptr. 141, 603
P.2d 58 (Cal.1979), overruled on other
grounds by White v. Ultramar, 21 Cal.4th
563, 574 n. 4, 88 Cal.Rptr.2d 19, 981 P.2d
944 (Cal.1999). Similar relief is recognized
by Illinois and Virginia. Reilly v. Wyeth,
377 Ill.App.3d 20, 315 Ill.Dec. 428, 876
N.E.2d 740, 755 (2007).
28. Although Pennsylvania has not expressly recognized a cause of action for
intentional infliction of emotional distress,
its courts have cited the Restatement (Second) of Torts § 46(2) for the minimum
elements necessary to sustain such a cause
of action. Taylor v. Albert Einstein Medical Center, 562 Pa. 176, 754 A.2d 650, 652
(2000) (citing Kazatsky v. King David
Mem.’l Park, 515 Pa. 183, 527 A.2d 988
(1987)).
[10] 29. Damages for intentional infliction of emotional distress may be recovered for both economic losses, which include ‘‘[r]easonable 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.’’ Agarwal, 25 Cal.3d at
953, 160 Cal.Rptr. 141, 603 P.2d 58.
[11] 30. Rose Bucher was the spouse
of Cdr. Bucher. Cdr. Bucher died on January 28, 2004. During his lifetime, Cdr.
Bucher had causes of actions for the physical injuries and damages he suffered at the
hands of agents of North Korea. Such
causes of action survive pursuant to state
law and are brought by, Rose Bucher, the
Personal Representative of the Estate of
Lloyd Bucher.
(Loss of Solatium)
[12] 31. The tortious conduct of
North Korea proximately caused Rose
Bucher to lose and be deprived of the
services, support, consortium, affection,
companionship, and solatium of and with
her husband, Lloyd Bucher.
32. This court has recognized the cause
of action for loss of solatium under the
federal common law by relying upon the
Restatement (Second) of Torts § 46.
Stethem v. Islamic Republic of Iran, 201
F.Supp.2d 78, 89 (D.D.C.2002) (internal citation and quotation omitted) (‘‘[O]ne who
by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress. All acts
of terrorism are by their very definition
extreme and outrageous and intended to
cause the highest degree of emotional distress, literally, terror, in their targeted
audience.’’)