60
592 FEDERAL SUPPLEMENT, 2d SERIES
Korea (North Korea), was $3,350,000; the
pain and suffering endured by the crew
members while they were held hostage
was extensive and shocking. 28 U.S.C.A.
§§ 1605(a)(7), 1606.
James R. Sweeney, II, Barnes & Thornburg, Indianapolis, IN, Karen A. McGee,
Richard Henry Streeter, Barnes & Thornburg, Washington, DC, for Plaintiffs.
MEMORANDUM
14. Assault and Battery O40
Damages O140.7
Appropriate award of damages for
pain and suffering, in action, under the
terrorism exception to the Foreign Sovereign Immunities Act (FSIA), brought by
widow of former captain of United States
Naval vessel captured by the Government
of the Democratic People’s Republic of
Korea (North Korea), was $1,250,000. 28
U.S.C.A. §§ 1605(a)(7), 1606.
15. Damages O127.7, 140.7
Appropriate awards of damages for
post release and future 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 Korea (North Korea),
was $13,400,000; crew members suffered
physical and mental harm that endured for
39 years and likely would continue to endure throughout the rest of their lives. 28
U.S.C.A. §§ 1605(a)(7), 1606.
16. Damages O127.7, 140.7
Appropriate award of damages for
post release and future pain and suffering,
in action under the terrorism exception to
the Foreign Sovereign Immunities Act
(FSIA), for subsequently deceased captain
of United States Naval vessel captured by
the Government of the Democratic People’s Republic of Korea (North Korea),
was $11,000,000; captain suffered physical
and mental harm that endured for the rest
of his life. 28 U.S.C.A. §§ 1605(a)(7),
1606.
HENRY H. KENNEDY, JR., District
Judge.
This action is brought pursuant to the
‘‘terrorism exception’’ of the Foreign Sovereign Immunities Act, 28 U.S.C.
§ 1605(a)(7) (‘‘FSIA’’), and arises from the
kidnaping, imprisonment and torture of
United States citizens who were aboard
the USS Pueblo (‘‘Pueblo’’) when the vessel was captured by agents of the Government of the Democratic People’s Republic
of Korea (‘‘North Korea’’) in January 1968.
Plaintiffs are William Thomas Massie and
Donald Raymond McClarren, members of
the Pueblo’s crew, Rose Bucher, the widow
of Lloyd Bucher (‘‘Cdr. Bucher’’), the
Pueblo’s commander, and the representative of his estate, who sues on her own
behalf as well, and Dunnie Richard Tuck,
who worked aboard the Pueblo as a civilian
oceanographer conducting oceanographic
surveys.
North Korea was properly served with a
summons and copy of the complaint on
September 8, 2006. Because North Korea
did not answer or otherwise respond to the
complaint, this court entered a default.
On April 21 and April 22, 2008, this court
held a damages trial. Based upon the
evidence presented at the damages trial,
the court makes the following:
I.
A.
FINDINGS OF FACT
Introduction and Background
1. On January 23, 1968, the Pueblo,
which was engaged in electronic surveil-