Bargain Hunter: Lebron James Pendant Lawsuit
In a lawsuit filed in an Ohio trial court on September 10, 2010, VaNeisha Robinson, a nineteen (19) year-old resident of Akron, claims that, approximately five (5) years ago, she purchased a box of stuffed animals at a garage sale, for $5.00. After she returned home with the box, Ms. Robinson noticed a LeBron James pendant inside the box. Although the pendant is diamond encrusted, Ms. Robinson believed that it was fake “costume jewelry,” and for the next five (5) years, thought it was worthless. Ms. Robinson, out of curiosity, recently decided to have the pendant appraised, and was told that it was worth $9,670.00. On June 16, 2010, she listed the pendant for sale on eBay. The listing was apparently unsuccessful, so Ms. Robinson contacted the media with her story. The story made its way to Katherine Powers (mother of Maverick Carter, CEO of LeBron James’ marketing company), who then contacted Ms. Robinson, and told Ms. Robinson that she would make an offer that she (Ms. Robinson) “could not refuse.” Ms. Powers also promised Ms. Robinson that she would meet LeBron James.
Due to there being several angry persons inside the house, Ms. Robinson requested that Ms. Powers accompany her outside. Ms. Robinson then gave her friend the pendant to take outside to the vehicle. At that point, two unknown individuals blocked the vehicle in the driveway and prevented Ms. Robinson and her party from leaving. One of the individuals went back inside, and informed Ms. Robinson’s mother, who was still inside, that she “ain’t going nowhere.” Apparently, due to yelling and screaming, a neighbor called the police. Plaintiff’s mother then told her to hand over the pendant, because “it was not worth getting hurt over.” Ms. Robinson, fearing for her safety, reluctantly did so, and was then permitted to leave.
Ms. Robinson sued Ms. Powers and Mr. Carter, alleging false imprisonment, for detaining her at the Powers home against her will, theft of the pendant in violation of Ohio state law, replevin (to obtain possession of the pendant) and intentionally inflicting Ms. Robinson with emotional distress.
It should be noted that, shortly after the July 14, 2010 incident, the Wadsworth, Ohio Police Department named Ms. Robinson as a suspect for receiving stolen property. Sgt. James Elchlinger determined that the pendant “did actually belong to Mr. Carter.”
Generally, a purchaser can only obtain the same title to personal property that the seller had. Thus, if the pendant was stolen from Mr. Carter, any subsequent purchaser, regardless of whether the purchaser knew the property was stolen, cannot acquire title (although there are some exceptions to this general rule). Also, if Mr. Carter lost the pendant (not intending to part with it) he remains the rightful owner, unless he is found to have abandoned the pendant (intentionally giving up his rights in the pendant).
It will be interesting to follow this case through discovery, to determine how the seller came into possession of the pendant, as well as Mr. Carter’s actions after losing the pendant.
Of course, as we learned from OJ Simpson’s 2008 robbery/kidnapping conviction, there are consequences when one takes the law into one’s own hands. Although it does not appear that the police charged Ms. Powers, she may be civilly liable for any emotional distress that she caused to Ms. Robinson that evening, if a jury believes Ms. Robinson’s claims.
With all of the “Heat” LeBron has taken lately, he would be wise to direct Mr. Carter and Ms. Powers to settle this case at an early stage.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.