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Man appeals dismissal of lottery lawsuit

Delaware LotteryDelaware Lottery: Man appeals dismissal of lottery lawsuit

Robert W. Palese isn't folding just yet.

The 49-year-old Bear resident filed an appeal in Delaware Supreme Court last week challenging a judge's decision to dismiss his claim that he was entitled to a $5 million lottery prize even though he lost the winning ticket in a laundry mishap.

Last month, Chancery Court Vice Chancellor John W. Noble said Palese didn't have a claim because he no longer had the wining ticket.

"He was disappointed at the decision," said Palese's attorney, Patrick J. Collins. "But he is very hopeful that the Supreme Court is going to give him a chance to continue his case."

Collins is appealing Noble's ruling because he thinks it occurred too early in the legal process, preventing him from gathering evidence from depositions and other documentation in the discovery process.

"We filed the appeal mainly because we thought the dismissal was premature and that under prevailing Delaware law, cases like this shouldn't be dismissed without the opportunity to conduct discovery," Collins said.

Deputy Attorney General Michael McTaggart, who represents the state in this legal action, would not comment Friday.

Palese said he had the winning ticket for the March 21, 2003, jackpot, but it was destroyed after he placed it in his jeans and ran them through the washer and dryer.

After the incident, Palese said he contacted the lottery office to explain. According to Palese's lawsuit, lottery director Wayne Lemons wrote him a letter saying he would have to wait one year from the date of the drawing for a review of his claim.

But at the end of the year, lottery officials returned the money to the general fund without reviewing the claim, the lawsuit said.

The state filed a motion to dismiss the case, which was heard in March.

At that time, Collins argued that the lawsuit should continue so his client can determine what Lemons meant when he sent the letter, adding that a possible conclusion was that the lottery director was considering awarding a prize to Palese. If he hadn't, Lemons would have told him in the letter that there was nothing he could do.

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6 comments. Last comment 10 years ago by dvdiva.
Page 1 of 1
dumars798's avatar - batman17
Atlanta
United States
Member #28656
December 20, 2005
5675 Posts
Offline
Posted: July 25, 2006, 1:51 pm - IP Logged

LOOKS  LIKE  HIS  LUCK  N DREAMS  WERE  WASHED

AWAY, THIS  HERE  WOULD

MAKE ME QUIT GAMBLING ASAP!

        Smart bets...... Equal Phat Pocket$!

                     

             





    MillionsWanted's avatar - 24Qa6LT

    Norway
    Member #9517
    December 10, 2004
    1280 Posts
    Offline
    Posted: July 25, 2006, 6:06 pm - IP Logged

    If he win this lawsuit, everyone can make claims of winning without any proofs.
    Of course he can't win.

      bellyache's avatar - 64x64a9wg

      United States
      Member #12618
      March 18, 2005
      2060 Posts
      Offline
      Posted: July 25, 2006, 7:02 pm - IP Logged

      I really don't think the guy has a case. Did he make copies of the ticket before it ended up in the washer? If he happens to win his appeal all kinds of people are going to come out of the wood-work and claim to have "lost" a winning ticket for a jackpot that hasn't been claimed.

      Dance like no one is watching.

        SassyOhio's avatar - Picture012
        Columbus Ohio
        United States
        Member #35946
        March 25, 2006
        234 Posts
        Offline
        Posted: July 26, 2006, 12:58 pm - IP Logged

        I think that if he has video tape of him buying the ticket at the EXACT time that matches what The lotto has on there records of the winning ticket and at the same location ... should he get the money? Yes I do. BUT if he is just "claiming" that he had the winning ticket and no proof then he is S-C-R-E-W-E-D Ponder But I know that anyone with some sense and is a true player will hold on to that ticket in  a SAFE PLACE

        Hopin To Be The Lucky Ones!!

        COME ON MEGA! MEGA-ME-RICH!

         

        Please feel free to visit my sisters memorial page that I have now completed

        www.freewebs.com/wendyinmyheartforever

          weshar75's avatar - Lottery-042.jpg
          Mcminnville, Oregon
          United States
          Member #3013
          December 13, 2003
          3093 Posts
          Offline
          Posted: July 26, 2006, 1:21 pm - IP Logged

          This guy should have kept his ticket in a better place then stuffed down in his jeans.  Besides if you read the fine print on the back of the ticket it says that the ticket is the only bearer of instrument that you have to collect winnings.  If the ticket is altered in anyway the ticket is void.  He washed it and he is an idiot go straight to jail do not pass go do not collect $200.-weshar75

            dvdiva's avatar - 8ball

            United States
            Member #2338
            September 17, 2003
            2063 Posts
            Offline
            Posted: July 27, 2006, 12:35 am - IP Logged

            He should have know laundering money was illegal to begin with.