77 BASSI v. PATTEN Cite as 592 F.Supp.2d 77 (D.D.C. 2009) Damages 33. The effects of the outrageous conduct of North Korea will be felt by Massie, Tuck, McClarren, and Rose Bucher for the rest of their lives. Because § 1606 of the FSIA provides that a ‘‘foreign state shall be liable in the same manner and to the same extent as a private individual under like circumstances,’’ 28 U.S.C. § 1606, plaintiffs are entitled to the typical array of compensatory damages that may be awarded against tortfeasors in California, Virginia, Illinois and Pennsylvania. (Pain and Suffering of Massie, Tuck, McClarren, and Cdr. Bucher During Captivity) [13] 36. The pain and suffering endured by Massie, Tuck, McClarren, and Cdr. Bucher, over the eleven months of their captivity was extensive and shocking. While there is no set formula for quantifying the damages for such pain and suffering, in some cases of prolonged and abusive captivity, plaintiffs are awarded approximately $10,000 per day for the pain and suffering they experienced while captive. See, e.g., Price v. Socialist People’s Libyan Arab Jamahiriya, 384 F.Supp.2d 120, 134 (D.D.C.2005) (‘‘Price II’’). [14] 37. Massie, Tuck, McClarren, and Cdr. Bucher case are entitled to damages of $10,000 per day, for a total of $3,350,000 each for the pain and suffering they endured throughout their 335 days of captivity. Rose Bucher is entitled to $1, 250, 000 for the pain and suffering she suffered during this period. (Pain and Suffering After Captivity) [15] 38. As was recognized in Price II ‘‘[i]n some cases the per diem amount will adequately compensate plaintiffs for pain and suffering both during and after captivity.’’ Price II, 384 F.Supp.2d at 135. As in Price, ‘‘this is not one of those cases.’’ Id. In this case, Massie, Tuck, McClarren, suffered physical and mental harm that has endured for the past 39 years and likely will continue to endure throughout the rest of their lives. Cdr. Bucher suffered such effects until he died. [16] 39. Massie, Tuck, McClarren, each, is entitled to $13, 400,000 for their post release and future pain and suffering. The estate of Cdr. Bucher is entitled to recover $11,000,000 for his post release pain and suffering. A judgment accompanies this memorandum. , Neill S. BASSI, Plaintiff, v. Jarrod M. PATTEN, et al., Defendants. Civil Action No. 07–1277 (JDB). United States District Court, District of Columbia. Jan. 8, 2009. Background: Bar doorman who was allegedly injured in physical altercation with patrons brought action against patrons for assault, battery, and intentional infliction of emotional distress. Parties filed motions in limine to exclude evidence. Holdings: The District Court, John D. Bates, J., held that: (1) evidence that doorman was contributorily negligent or assumed the risk of his injuries by the nature of his employment was not admissible;