Welcome Guest
Log In | Register )
You last visited December 23, 2014, 12:03 am
All times shown are
Eastern Time (GMT-5:00)

Judge orders new trial in Arkansas lottery ticket suit

Arkansas LotteryArkansas Lottery: Judge orders new trial in Arkansas lottery ticket suit
52
Rating:

LITTLE ROCK, Ark. — An Arkansas judge on Thursday ordered a new trial to decide who can claim a $1 million scratch-off lottery ticket prize, a little more than three weeks after he ruled that a woman who said she bought the ticket but mistakenly discarded it was entitled to the money.

White County Circuit Judge Thomas Hughes ruled May 1 that Sharon Duncan should get the prize money, not two other women involved in the case. Hughes ordered the new trial in a one-paragraph ruling that did not elaborate on his reasoning.

"After reviewing the actions of counsel appearing in this case, the court file and the record, this court, as authorized by the Arkansas Rules of Civil Procedure, orders a new trial to be held on all claims in this case," Hughes said in the order. A call to Hughes' office was not immediately returned.

Duncan said she purchased the "Diamond Dazzler" ticket at a convenience store in Beebe, about 35 miles northeast of Little Rock. She said the store's electronic scanner indicated she was not a winner, so she discarded the ticket. Sharon Jones, another customer at the store, subsequently picked up the ticket and claimed the winnings for herself.

Winston Collier, Jones' attorney, said he was confused about the judge's reason for ordering a new trial but pleased with the result. Collier said he had planned on requesting a new trial on Friday.

"We're fighting curiosity," Collier said about the ruling. "We're tempering it with our elation that our client has no longer lost a million dollars. We feel really good about our chances moving forward."

Duncan said she discarded the ticket after an electronic scanner told her it was not a winner. The state's Lottery Commission has defended the machine and says its equipment functions properly. The store's manager and owner sued Jones, claiming she illegally took the ticket from the bin. Duncan joined the lawsuit after the judge determined she may be the true owner of the ticket.

AP

We'd love to see your comments here!  Register for a FREE membership — it takes just a few moments — and you'll be able to post comments here and on any of our forums. If you're already a member, you can Log In to post a comment.

102 comments. Last comment 3 years ago by KY Floyd.
Page 1 of 7
Todd's avatar - Cylon 2.gif
Chief Bottle Washer
New Jersey
United States
Member #1
May 31, 2000
21654 Posts
Online
Posted: May 25, 2012, 7:22 am - IP Logged

I think both of these people would be better off if they privately agreed to split the prize money.  By the time all these lawsuits and appeals are finished, there will be no prize left to award, because the lawyers will have it all.

 

Check the State Lottery Report Card
What grade did your lottery earn?

 

Sign the Petition for True Lottery Drawings
Help eliminate computerized drawings!

    hearsetrax's avatar - 51b3a0fe9bb4647656

    United States
    Member #52345
    May 21, 2007
    1943 Posts
    Offline
    Posted: May 25, 2012, 7:52 am - IP Logged

    I think both of these people would be better off if they privately agreed to split the prize money.  By the time all these lawsuits and appeals are finished, there will be no prize left to award, because the lawyers will have it all.

    Type seems like all the more reason to become an ambulance chaser to me LOL

    buried treasure


      United States
      Member #111446
      May 25, 2011
      6323 Posts
      Offline
      Posted: May 25, 2012, 7:54 am - IP Logged

      I think both of these people would be better off if they privately agreed to split the prize money.  By the time all these lawsuits and appeals are finished, there will be no prize left to award, because the lawyers will have it all.

      Funny thing Todd, before reading your comment I was thinking exactly the same thing. Half a million, even after taxes, not really chump change.

      At this juncture, I wonder If that is even an option?

       

      Greed seems to be the common thread for why these lawsuits cannot be amicably settled.    Argue

        steph219121's avatar - Lottery-029.jpg
        Dayton OH
        United States
        Member #124702
        March 18, 2012
        248 Posts
        Offline
        Posted: May 25, 2012, 8:09 am - IP Logged

        I think both of these people would be better off if they privately agreed to split the prize money.  By the time all these lawsuits and appeals are finished, there will be no prize left to award, because the lawyers will have it all.

        I was thinking the same thing!

        Lucky Lady O-H-I-O

          dallascowboyfan's avatar - tiana the-princess-and-the-frog.jpg
          Oklahoma
          United States
          Member #82391
          November 12, 2009
          5518 Posts
          Offline
          Posted: May 25, 2012, 8:24 am - IP Logged

          I think both of these people would be better off if they privately agreed to split the prize money.  By the time all these lawsuits and appeals are finished, there will be no prize left to award, because the lawyers will have it all.

          I Agree!

          I Love Pink & Green 1908

            Cletu$2's avatar - Lottery-050.jpg
            S.E.Iowa
            United States
            Member #120509
            December 21, 2011
            534 Posts
            Offline
            Posted: May 25, 2012, 8:46 am - IP Logged

            I had a feeling that the judges decision would be overturned but it came as a surprise that the original judge overturned his own decision.He must have got a lot of flack from the public on his original decision.

            When I was a boy I was told that anybody could become President; I'm beginning to believe it. ~Clarence Darrow

            There ought to be one day - just one - when there is open season on senators. ~Will Rogers

              Artist77's avatar - batman14

              United States
              Member #121750
              January 16, 2012
              3373 Posts
              Offline
              Posted: May 25, 2012, 8:52 am - IP Logged

              I had a feeling that the judges decision would be overturned but it came as a surprise that the original judge overturned his own decision.He must have got a lot of flack from the public on his original decision.

              I agree. It would probably have been overturned on appeal (which lower court judges do not want to happen) so the judge "modified" his/her decision. I am sure the finder will get a share...maybe 1/3 or as much as 1/2.


                United States
                Member #111446
                May 25, 2011
                6323 Posts
                Offline
                Posted: May 25, 2012, 9:11 am - IP Logged

                I agree. It would probably have been overturned on appeal (which lower court judges do not want to happen) so the judge "modified" his/her decision. I am sure the finder will get a share...maybe 1/3 or as much as 1/2.

                Still not a bad days pay for a "trash picker".  Naughty


                  Bahamas
                  Member #114689
                  August 5, 2011
                  422 Posts
                  Offline
                  Posted: May 25, 2012, 9:35 am - IP Logged

                  I think both of these people would be better off if they privately agreed to split the prize money.  By the time all these lawsuits and appeals are finished, there will be no prize left to award, because the lawyers will have it all.

                  I agree!

                   

                  They must know by now that 1m isn't that much money in the larger scheme of things and with court fees, legal fees, darn just the gas alone going back and forth to court and the lawyers' offices will wipe them both out.

                   

                  Greed is a serious cancer.

                  "Freedom of Speech? Keep reading and you will discover that freedom comes at a price!"

                    sully16's avatar - sharan
                    Listens to the wind
                    Michigan
                    United States
                    Member #81740
                    October 28, 2009
                    20624 Posts
                    Offline
                    Posted: May 25, 2012, 9:38 am - IP Logged

                    I think both of these people would be better off if they privately agreed to split the prize money.  By the time all these lawsuits and appeals are finished, there will be no prize left to award, because the lawyers will have it all.

                    yep.

                    There's only one US Flag

                      Avatar

                      United States
                      Member #972
                      December 30, 2002
                      461 Posts
                      Offline
                      Posted: May 25, 2012, 9:46 am - IP Logged

                      It would have been a bigger payday if the trash picker had kept
                      her mouth shut.  That's the big lesson of this case.  If you find a winner
                      be quiet, walk away, take it home and jump up and down and
                      scream there...and then wait a couple months to break the chain of
                      events and have memories and timelines fade. It may be hard
                      to contain yourself, but being sued out of your million
                      dollar ticket is a little harder, wouldn't you say?


                        United States
                        Member #111446
                        May 25, 2011
                        6323 Posts
                        Offline
                        Posted: May 25, 2012, 10:05 am - IP Logged

                        It would have been a bigger payday if the trash picker had kept
                        her mouth shut.  That's the big lesson of this case.  If you find a winner
                        be quiet, walk away, take it home and jump up and down and
                        scream there...and then wait a couple months to break the chain of
                        events and have memories and timelines fade. It may be hard
                        to contain yourself, but being sued out of your million
                        dollar ticket is a little harder, wouldn't you say?

                        I'm sure she has relived that scenario hundreds of times over in her dreams. Loose lips, sink ships.  Thinking of...

                          Avatar
                          Kentucky
                          United States
                          Member #32652
                          February 14, 2006
                          5655 Posts
                          Online
                          Posted: May 25, 2012, 10:43 am - IP Logged

                          An Arkansas judge on Thursday ordered a new trial to decide who can claim a $1 million scratch-off lottery ticket prize, a little more than three weeks after he ruled that a woman who said she bought the ticket but mistakenly discarded it was entitled to the money.

                          White County Circuit Judge Thomas Hughes ruled May 1 that Sharon Duncan should get the prize money, not two other women involved in the case. Hughes ordered the new trial in a one-paragraph ruling that did not elaborate on his reasoning.

                          "After reviewing the actions of counsel appearing in this case, the court file and the record, this court, as authorized by the Arkansas Rules of Civil Procedure, orders a new trial to be held on all claims in this case," Hughes said in the order. A call to Hughes' office was not immediately returned.

                          Duncan said she purchased the "Diamond Dazzler" ticket at a convenience store in Beebe, about 35 miles northeast of Little Rock. She said the store's electronic scanner indicated she was not a winner, so she discarded the ticket. Sharon Jones, another customer at the store, subsequently picked up the ticket and claimed the winnings for herself.

                          Winston Collier, Jones' attorney, said he was confused about the judge's reason for ordering a new trial but pleased with the result. Collier said he had planned on requesting a new trial on Friday.

                          "We're fighting curiosity," Collier said about the ruling. "We're tempering it with our elation that our client has no longer lost a million dollars. We feel really good about our chances moving forward."

                          Duncan said she discarded the ticket after an electronic scanner told her it was not a winner. The state's Lottery Commission has defended the machine and says its equipment functions properly. The store's manager and owner sued Jones, claiming she illegally took the ticket from the bin. Duncan joined the lawsuit after the judge determined she may be the true owner of the ticket.

                          "Duncan said she discarded the ticket after an electronic scanner told her it was not a winner. The state's Lottery Commission has defended the machine and says its equipment functions properly."

                          If the machine was working properly, Duncan didn't have the winning ticket and maybe why the judge ordered a new trial. Unless Duncan bought the only ticket sold in that store, she can't prove the ticket Jones found was hers. Duncan should have know if the ticket was a winner by looking at the ticket. It's a simple game; match one of your 8 number with one of 20 game numbers and win the prize listed below the number.

                          It looks like after the store owner and manager sued Jones for taking the ticket from their trash, Duncan decided to claim the discarded ticket was hers.

                            TheOtherOne's avatar - Lottery-027.jpg
                            Nashville, TN
                            United States
                            Member #86740
                            February 9, 2010
                            479 Posts
                            Offline
                            Posted: May 25, 2012, 11:33 am - IP Logged

                            "Duncan said she discarded the ticket after an electronic scanner told her it was not a winner. The state's Lottery Commission has defended the machine and says its equipment functions properly."

                            If the machine was working properly, Duncan didn't have the winning ticket and maybe why the judge ordered a new trial. Unless Duncan bought the only ticket sold in that store, she can't prove the ticket Jones found was hers. Duncan should have know if the ticket was a winner by looking at the ticket. It's a simple game; match one of your 8 number with one of 20 game numbers and win the prize listed below the number.

                            It looks like after the store owner and manager sued Jones for taking the ticket from their trash, Duncan decided to claim the discarded ticket was hers.

                            I think they have video footage of her buying the ticket. Or something. But I agree, especially if they didn't scan the ticket at time of purchase. I see clerks do this sometimes ... I buy it and they don't scan it they just hand it over.

                            I'm still perplexed the judge can just up and decide to re trial. I didn't think that was legal?