Ohio lottery pool lawsuit focuses on time of purchase

Jan 14, 2005, 1:18 pm (18 comments)

Ohio Lottery

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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mrmst's avatarmrmst

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!

fwlawrence's avatarfwlawrence

This is why you should never play in pools.

starchild_45's avatarstarchild_45
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 avatarRJOh

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

DoctorEw220's avatarDoctorEw220
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.
Maverick's avatarMaverick

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

nitabug's avatarnitabug

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 avatarRick G

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. 

ONEDAY's avatarONEDAY

hopefully it will setle that everybody gets a share..

DoctorEw220's avatarDoctorEw220

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.

Deertrail1950

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 avatarfja

Only in Ohio!!!

Todd's avatarTodd
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.
iwillwin

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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