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-

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