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Ohio lottery pool lawsuit focuses on time of purchase

Ohio LotteryOhio 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.

Plain Dealer

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18 comments. Last comment 12 years ago by CASH Only.
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mrmst's avatar - disney14
Glen Burnie, MD
United States
Member #427
June 27, 2002
208 Posts
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Posted: January 14, 2005, 4:41 pm - IP Logged

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 ºoºHiding Behind Computer

    fwlawrence's avatar - Yavill
    Austin
    United States
    Member #9378
    December 6, 2004
    210 Posts
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    Posted: January 14, 2005, 4:42 pm - IP Logged

    This is why you should never play in pools.

      starchild_45's avatar - spherewall2
      kent, washington
      United States
      Member #3509
      January 26, 2004
      465 Posts
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      Posted: January 14, 2005, 5:08 pm - IP Logged
      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.
        RJOh's avatar - chipmunk
        mid-Ohio
        United States
        Member #9
        March 24, 2001
        19831 Posts
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        Posted: January 14, 2005, 5:35 pm - IP Logged

        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

         * you don't need to buy more tickets, just buy a winning ticket * 
           
                     Evil Looking       

          DoctorEw220's avatar - alien helmet.jpg
          Yinzer Country, PA
          United States
          Member #4067
          March 18, 2004
          2741 Posts
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          Posted: January 14, 2005, 6:22 pm - IP Logged
          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.

            Maverick's avatar - yinyang
            USA
            United States
            Member #8242
            October 29, 2004
            1133 Posts
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            Posted: January 14, 2005, 6:34 pm - IP Logged

            Kyle is a weasel. I still believe in pools. This very situation should also be written into any pool's contract.

              nitabug's avatar - animaniacs07
              Madisonville Kentucky
              United States
              Member #3754
              February 18, 2004
              21 Posts
              Offline
              Posted: January 14, 2005, 10:50 pm - IP Logged

              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! 

                Rick G's avatar - avatar 1766.jpg
                FEMA Region V Camp #21
                United States
                Member #520
                July 27, 2002
                5699 Posts
                Offline
                Posted: January 15, 2005, 9:47 am - IP Logged

                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. 

                Posted 4/6:  IL Pick 3 midday and evening until they hit:  555, 347 (str8).


                  ONEDAY's avatar - DiscoBallGlowing
                  OHIO
                  United States
                  Member #5328
                  June 30, 2004
                  1284 Posts
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                  Posted: January 16, 2005, 2:29 pm - IP Logged

                  hopefully it will setle that everybody gets a share..

                  have a great winning day!

                    DoctorEw220's avatar - alien helmet.jpg
                    Yinzer Country, PA
                    United States
                    Member #4067
                    March 18, 2004
                    2741 Posts
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                    Posted: January 16, 2005, 2:43 pm - IP Logged

                    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.

                      Avatar
                      New Member
                      Sanford MI.
                      United States
                      Member #10530
                      January 16, 2005
                      4 Posts
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                      Posted: January 16, 2005, 6:25 pm - IP Logged

                      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.                                                                                                                         

                        fja's avatar - gnome1

                        United States
                        Member #91
                        January 19, 2002
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                        Posted: January 17, 2005, 8:50 am - IP Logged

                        Only in Ohio!!!

                        "Everybody has to believe in something...I believe I'll have another beer!"   = W.C.Fields                      

                          Todd's avatar - Cylon 2.gif
                          Chief Bottle Washer
                          New Jersey
                          United States
                          Member #1
                          May 31, 2000
                          23275 Posts
                          Online
                          Posted: January 17, 2005, 9:21 am - IP Logged
                          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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                            Avatar
                            New Member
                            Midwest
                            United States
                            Member #10470
                            January 14, 2005
                            10 Posts
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                            Posted: January 17, 2005, 5:04 pm - IP Logged

                            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.