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Ohio lottery pool lawsuit focuses on time of purchase
Ohio Lottery: Ohio lottery pool lawsuit focuses on time of purchase
For nearly four years, Olmsted Falls postal worker Stephen Kyle faithfully delivered copies of losing lottery tickets to 19 co-workers every time the Mega Millions jackpot exceeded $100 million. Until June 25, that is -- which was the first time Kyle picked a winner, hitting on five of six numbers, worth $175,000. On that date, Kyle, who organized the pool, failed to provide his co-workers with copies of the tickets and neglected to tell them that one was a winner. Kyle, 51, of Amherst, later ex plained to the pool members that, unfortunately, their $100 had produced a measly $2 winner -- but that his $10 had produced the big payday. Seven pool members didn't believe Kyle and sued in Cuyahoga County Common Pleas Court. As the trial opened Thursday, Kyle's lawyer acknowledged that copies of the tickets would have served as his client's best defense. But lacking that evidence, the jury would have to trust Kyle. "He's the only one who knows how many tickets he bought," said defense attorney R.J. Budway. Not so fast, said the pool's attorney, Robert Smith III. He will present sales records from Shaker's IGA on Bagley Road in Olmsted Township to show Kyle's winning ticket was one of 10 bought in a block on June 25. But the records fail to support Kyle's claim that he spent the pool's $100 the day before, on June 24; records show he actually spent only $50 that day. After Kyle learned of this evidence, Smith said, the defendant changed his story. In a sworn pretrial statement, Kyle said he spent the other $50 of the pool's money on June 23. "This winning ticket was actually a pool ticket that entitles these plaintiffs to share in the winnings," Smith said. Before the trial, Judge Daniel Gaul urged both sides to settle out of court. But concerns by the defense that a cash settlement might cause the 12 other members of the pool to sue Kyle caused him to reject the deal. Gaul said he expects the trial to be completed by today. He told jurors to expect to begin deliberations Tuesday, the day after the Martin Luther King Jr. Day holiday.
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18 comments. Last comment 5 years ago by .
Glen Burnie, MD United States Member #429 June 27, 2002 206 Posts Offline |
| Posted: January 14, 2005, 4:41 pm - IP Logged |
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Unless you are out to cheat your friends, you must distribute copies of the tickets in advance of the drawing. This guy pocketed the money! MrMST
Good luck and have a Disney Day ºoº
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Austin United States Member #9550 December 6, 2004 83 Posts Offline |
| Posted: January 14, 2005, 4:42 pm - IP Logged |
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This is why you should never play in pools.
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kent, washington United States Member #3576 January 26, 2004 398 Posts Offline |
| Posted: January 14, 2005, 5:08 pm - IP Logged |
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Quote: Originally posted by fwlawrence on January 14, 2005
This is why you should never play in pools.
i agree with you. i would rather keep losing and winning on my own terms.
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mid-Ohio United States Member #9 March 24, 2001 10964 Posts Offline |
| Posted: January 14, 2005, 5:35 pm - IP Logged |
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Quote: Originally posted by fwlawrence on January 14, 2005
This is why you should never play in pools (that create the rules after the drawings).
A lottery pool should have a written agreement that each member understands and have copies of its tickets available to each member before the drawing. RJOh
* today's foresight *
was
* yesterday's hindsight *
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Yinzer Country, PA United States Member #4139 March 18, 2004 2700 Posts Offline |
| Posted: January 14, 2005, 6:22 pm - IP Logged |
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Quote: Originally posted by RJOh on January 14, 2005
Quote: Originally posted by fwlawrence on January 14, 2005
This is why you should never play in pools (that create the rules after the drawings).
A lottery pool should have a written agreement that each member understands and have copies of its tickets available to each member before the drawing.
RJOh
i agree with both of you. i've tried playing in a pool before in the dorms, and we all had a written agreement concerning payment of prizes over $10. I've redone my website. Go to www.dr-ew.com. I kept a lot of the old stuff, and I've added some new stuff. Look for more new stuff in the coming weeks.
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USA United States Member #8399 October 29, 2004 1133 Posts Offline |
| Posted: January 14, 2005, 6:34 pm - IP Logged |
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Kyle is a weasel. I still believe in pools. This very situation should also be written into any pool's contract.
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Madisonville Kentucky United States Member #3826 February 18, 2004 21 Posts Offline |
| Posted: January 14, 2005, 10:50 pm - IP Logged |
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Our pool has a pre-written contract. The person that is purchasing the tickets for that week is not to buy their own tickets! We always post a copy of the ticket at work on the kitchen wall!
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Chicago region United States Member #522 July 27, 2002 3813 Posts Offline |
| Posted: January 15, 2005, 9:47 am - IP Logged |
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It's amazing what money can do to people. Suddenly honesty, integrity and common sense fly right out of the window. You're better off buying your own tickets and hiding them under your mattress. 
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OHIO United States Member #5421 June 30, 2004 327 Posts Offline |
| Posted: January 16, 2005, 2:29 pm - IP Logged |
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hopefully it will setle that everybody gets a share..
A day without the presence of God, is a wasteful day.
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Yinzer Country, PA United States Member #4139 March 18, 2004 2700 Posts Offline |
| Posted: January 16, 2005, 2:43 pm - IP Logged |
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the best way is for the guy to just share his prize. regardless of the outcome, it's just the good samaritan thing to do. I've redone my website. Go to www.dr-ew.com. I kept a lot of the old stuff, and I've added some new stuff. Look for more new stuff in the coming weeks.
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New Member  Sanford MI. United States Member #10725 January 16, 2005 4 Posts Offline |
| Posted: January 16, 2005, 6:25 pm - IP Logged |
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I run a lottery pool at work with 33 people. I collect the money, buy all the tickets, make a copy of the tickets, then turn the tickets over to another member in the club! He locks the tickets in his locker until the day after the drawing. I then post the copy on the bulletin board for all to see. First I mark all the numbers with a light felt marker, then I get back any small winners and add them to the next drawing. If I win the big one on my own someone can't say I switched the tickets when the tickets were not in my possession! If someone steals the winner I have everyone covered with the copy. No one complains.
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United States Member #91 January 19, 2002 6608 Posts Offline |
| Posted: January 17, 2005, 8:50 am - IP Logged |
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Only in Ohio!!! "Everybody has to believe in something...I believe I'll have another beer!" = W.C.Fields
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Chief Bottle Washer New Jersey United States Member #1 May 31, 2000 17540 Posts Offline |
| Posted: January 17, 2005, 9:21 am - IP Logged |
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Quote: Originally posted by Deertrail1950 on January 16, 2005
I run a lottery pool at work with 33 people. I collect the money, buy all the tickets, make a copy of the tickets, then turn the tickets over to another member in the club! He locks the tickets in his locker until the day after the drawing. I then post the copy on the bulletin board for all to see. First I mark all the numbers with a light felt marker, then I get back any small winners and add them to the next drawing. If I win the big one on my own someone can't say I switched the tickets when the tickets were not in my possession! If someone steals the winner I have everyone covered with the copy. No one complains.
Good job, that's the way to do it.
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New Member United States Member #10664 January 14, 2005 6 Posts Offline |
| Posted: January 17, 2005, 5:04 pm - IP Logged |
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I used to do pool, but it was very informal. It was only when the jackpot got over a certain amount. Nothing ever happened, but something sure could have. The number of people in the pool would change from drawing to drawing. I can see from this story, that is a really stupid way to go. I remember reading on this site somewhere about a group of guys from Florida who had something like that happen, and the case is STILL not settled. The only way to do a pool is if it is the same people every time, and you definitely have a contract. More than that, it should be set up in the contract that if you win, there is some sort of trust with a federal tax ID that can "claim" the taxes. Otherwise, one of the members of the pool has to do it. It gets to be a very convoluted situation. Just my 2 cents.
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