WARMBIER v. DEMOCRATIC PEOPLE’S REPUBLIC OF KOREA
Cite as 356 F.Supp.3d 30 (D.D.C. 2018)
violent actions, these plaintiffs are entitled
to compensation for their loss, pain, mental
anguish, and suffering.’’ Kim, 87
F.Supp.3d at 290. There is no question,
based on their moving live testimony, that
Fred and Cindy were close with Otto and
miss him greatly. The circumstances surrounding Otto’s detention made North Korea’s acts particularly agonizing for his
parents. While North Korea detained Otto,
this totalitarian state permitted almost no
facts regarding his condition to be known,
and Fred and Cindy constantly worried
about their son, unsure of what was happening to him. See Stansell v. Republic of
Cuba, 217 F.Supp.3d 320, 347 (D.D.C.
2016) (spouse received award of $ 12 million where ‘‘[t]he pain and suffering she
has experienced were magnified by the
initial lack of information surrounding [victim’s] death’’ and where she had to spend
years learning ‘‘exactly what happened’’).
Moreover, families of torture and hostage-taking victims ‘‘are typically awarded
greater damages than are the families of
victims of a single attack,’’ because in the
former cases, ‘‘the afflicted party not only
had to cope with the grief that follows the
loss of a loved one, but—at the time of the
event—was also forced to endure unending
anxiety and an extended period of extreme
distress over the health and safety of their
captive family member.’’ Oveissi, 768
F.Supp.2d at 27. Finally, North Korea returned Otto with such extensive brain
damage that Otto’s parents witnessed his
discomfort, monstrous condition and, finally, his death shortly after his return.
[37] Having examined closely the facts
of this particular case, Fred and Cindy
Warmbier are entitled to $ 15 million
each, to account for their ‘‘first-hand observations and acute memories of [their]
child’s death,’’ Braun, 228 F.Supp.3d at 86,
and their agonizing wait for him to return
home, see Kim, 87 F.Supp.3d at 290
59
(awarding $ 15 million each to brother and
son of victim kidnapped and killed by
North Korea).
5. Punitive Damages (All Plaintiffs)
[38, 39] The plaintiffs also seek punitive damages, which are awarded not to
compensate the victims, but to ‘‘punish
outrageous behavior and deter such outrageous conduct in the future.’’ Kim, 87
F.Supp.3d at 290 (internal quotation marks
omitted) (quoting Bodoff v. Islamic Republic of Iran, 907 F.Supp.2d 93, 105 (D.D.C.
2012) ); see also RESTATEMENT (SECOND) OF
TORTS § 908(1) (1979). Punitive damages
are warranted where ‘‘defendants supported, protected, harbored, aided, abetted, enabled, sponsored, conspired with,
and subsidized a known terrorist organization whose modus operandi included the
targeting, brutalization, and murder of
American citizens and others.’’ Baker, 775
F.Supp.2d at 85. North Korea’s conduct
toward Otto justifies the imposition of significant punitive damages here. See, e.g.,
Hekmati, 278 F.Supp.3d at 166 (punitive
damages awarded where plaintiff was held
in solitary confinement, beaten, threatened, and psychologically battered for
years in Iran).
[40] In determining the appropriate
amount of punitive damages, courts consider ‘‘(1) the character of the defendants’ act,
(2) the nature and extent of harm to the
plaintiffs that the defendants caused or
intended to cause, (3) the need for deterrence, and (4) the wealth of the defendants.’’ Wultz v. Islamic Republic of Iran,
864 F.Supp.2d 24, 41 (D.D.C. 2012) (quoting Acosta, 574 F.Supp.2d at 30). Taking
these factors into account, several approaches have been articulated for calculation of the appropriate amount of punitive
damages in state-sponsored terrorism
cases. One approach is to multiply the
foreign state’s ‘‘annual expenditures on