New York Verdicts

Plaintiff(s):

Rong Sun (Female, 73 Years), 

Lily Foyer (Female, 42 Years), 

Steven Foyer (Male, 59 Years)

Plaintiff Attorney(s):

David M. Godosky;
Godosky & Gentile, P.C.;
New York,
NY,
for
Rong Sun, Lily Foyer, Steven Foyer

Plaintiff Expert(s):

Rosalyn Gilbert; Psychology/Counseling; New York,
NY called by:
David M. Godosky

Defendant(s):

Tarik Hunter, 

Everett Oliver, 

Kevin O’Donnell, 

City of New York, 

New York City Police Department

Defense Attorney(s):

Matthew Modafferi;
Senior Counsel, Zachary W. Carter, Corporation Counsel;
New York,
NY,
for
Tarik Hunter, Everett Oliver, Kevin O’Donnell, City of New York, New York City Police Department ■ Brian C. Francolla;
Senior Counsel, Zachary W. Carter, Corporation Counsel;
New York,
NY,
for
Tarik Hunter, Everett Oliver, Kevin O’Donnell, City of New York, New York City Police Department

On Nov. 2, 2010, plaintiff Steven Foyer, 59, an attorney, and his mother-in-law, plaintiff Rong Sun, 73, a retiree, were arrested. Foyer and Sun were accused of stealing a wallet that they had found the prior evening, while riding in a taxi. The arrest was effected at Foyer’s residence, which was located in Manhattan. Foyer acknowledged having removed the wallet from the taxi. He claimed that he assumed that the wallet had been lost by one of the taxi’s prior occupants, and he further claimed that he had already arranged to return the item to a man named on a personal check that was found within the wallet. The taxi’s driver, who arrived at Foyer’s residence with the arresting officers, claimed that the wallet–and the bag in which it was found–were his personal property. Foyer and Sun were handcuffed. Foyer’s wife, plaintiff Lily Foyer, 42, attempted to intervene, but her husband and mother were removed to a police precinct’s headquarters. The charges were ultimately dropped. Mr. Foyer, Ms. Foyer and Sun sued the arresting police officers, Tarik Hunter and Kevin O’Donnell; a third police officer who was present at the scene of the arrest, Everett Oliver; and the officers’ employers, the city of New York and the New York City Police Department. The plaintiffs alleged that they were falsely arrested, that their civil rights were violated, and that the city of New York and the New York City Police Department were vicariously liable for the officers’ actions. Plaintiffs’ counsel ultimately discontinued the claims against Oliver. The matter proceeded to a trial against the remaining defendants. Mr. Foyer claimed that he returned the wallet to Hunter and O’Donnell and that he explained that he and his mother-in-law legitimately believed that they had found a lost item. He claimed that the officers ignored his claims and proceeded with an unjustified arrest. He also claimed that Hunter and O’Donnell unlawfully entered his residence. Ms. Foyer claimed that she merely intervened on behalf of her mother, who does not speak English, and that she was threatened with arrest. She claimed that O’Donnell forcibly grabbed her mother. Defense counsel contended that the arrest of Mr. Foyer and Sun was based on probable cause: a surveillance videotape that depicted Sun carrying the bag that contained the wallet, Foyer’s admitted possession of the wallet and a complaining witness who claimed ownership of the wallet. Defense counsel further claimed that Foyer argued for some 10 minutes before heeding the officers’ request to relinquish the wallet. Defense counsel also claimed that Hunter and O’Donnell did not enter the Foyers’ residence.

Ms. Foyer claimed that she was threatened with arrest. She claimed that she developed post-traumatic stress disorder, with manifestations that included depression. She underwent counseling. Foyer also claimed that her mother suffered residual emotional distress that led to a permanent relocation to China. Foyer’s mother had been acting as an unpaid nanny for Foyer’s young child. Foyer claimed that she and her husband had to pay for a replacement nanny. Foyer sought recovery of damages for past loss of her mother’s services and damages for past and future emotional suffering stemming from a violation of civil rights. Mr. Foyer claimed that he was falsely arrested. He was detained for some 12 hours before being released. He was ultimately cleared of wrongdoing. Foyer also claimed that he suffered residual emotional distress. He sought recovery of damages for false arrest and a violation of civil rights. Plaintiffs’ counsel claimed that Sun was falsely arrested. Sun was detained for five to six hours before being released. Plaintiffs’ counsel also claimed that Sun suffered residual emotional distress that prompted a permanent relocation to China. Sun sought recovery of damages for false arrest and a violation of civil rights.

The jury found that Mr. Foyer and his mother-in-law were falsely arrested and that each plaintiff’s civil rights were violated. It determined that the plaintiffs’ damages totaled $675,000.

Lily Foyer: $60,000 Personal Injury: Past Loss Of Services; $175,000 Personal Injury: past violation of civil rights; $175,000 Personal Injury: future violation of civil rights; Steven Foyer: $15,000 Personal Injury: false arrest; $50,000 Personal Injury: violation of civil rights; Rong Sun: $100,000 Personal Injury: false arrest; $100,000 Personal Injury: violation of civil rights

Judge:

Lynn R. Kotler

Trial Length:

8
 days

Trial Deliberations:

5
 hours

Jury Vote:

6-0

Jury Composition:

1 male/ 5 female

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.