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Levinson v. Owens (Cal. Ct. App. - Aug. 26, 2009)

By Shaun Martin

I'm sure (or at least hope) that the plaintiff was just going after homeowner's insurance money. This is nonetheless an example of why some people hate lawyers so much.

Bert Owens, a landowner involved in a lot-line lawsuits, invites Ellyn Levinson, an attorney with the Department of Conservation, to his ranch to celebrate a recent victory that they both had obtained in a pending lawsuit. (Levinson's a Loyola Law graduate who's now with the California Attorney General's Office up in Oakland.) Levinson (the lawyer) asks Owens (the client) if she can ride one of his horses, he says "sure," she falls off, and the lawyer -- predictably -- sues. Ironic, eh?

Levinson ultimately loses based upon primary assumption of risk. But Owens still had to go through the joy and expense of being sued.

Remember that next time you wonder why you haven't been invited to attend many parties after law school.

Full post as published by California Appellate Report on September 09, 2009 (boomark / email).