INDIANAPOLIS, Ind. — A 70-year-old retired chemist is suing a convenience store chain for more than $11.5 million, claiming its employees cheated him out of a large jackpot by refusing to sell him a lottery ticket.
Charles Andrews says in his lawsuit that he picked the winning numbers for the February 2008 Hoosier Lotto drawing, but that a clerk at a Speedway store in Indianapolis refused to sell him a ticket with a few minutes left before the 10:40 p.m. official sales cutoff.
Andrews, of Indianapolis, says the clerk told him the lottery terminal wasn't working but later printed out a list of winning numbers when he asked, proving the machine was operating. The clerk then told him the store manager didn't like to sell lottery tickets after 10 p.m. He said other store employees also wouldn't sell him a ticket.
"They had an obligation to issue him a ticket because he was there before 10:40," said Bob Burkett, one of Andrews' attorneys.
Andrews, who is disabled, says there wasn't enough time to get to another store, so he signed his play slip and left it with the store so he would have proof in case they turned out to be the winning numbers.
"I knew if I walked out the door with the pay slip and I won any money at all with those numbers I couldn't prove that was the pay slip I left with the employees," he said.
Andrews' attorneys argue in court briefs that the store was legally obligated to sell him a ticket up until the cutoff time. The suit, filed in Marion County court in fall 2009 and transferred to federal court at Speedway's request, accuses the company of breach of contract and negligence, among other things, and seeks the amount of the prize — $11.5 million — and unspecified punitive damages.
Speedway SuperAmerica LLC denies in court filings that it had any duty to sell Andrews a lottery ticket. It also denies Andrews' version of events. Andrews' attorneys say they are seeking copies of store security video to confirm his story.
Attorneys for Speedway didn't immediately return phone calls seeking comment Monday.
A spokeswoman for the Hoosier Lottery said retailers can set their own hours for selling and redeeming lottery tickets as long as they cut off sales by 10:40 p.m.
"It's up to the individual retail location," Lucia Anderson said.
Josh Brown, another of Andrews' lawyers, said the law isn't explicit.
"There is no statute addressing the retail hours and whether they can set it or not set it," he said.
Brown noted that the contract between the lottery agency and retailers requires stores to display game and date lists, and said those likely would include hours of play.
"It's only fair to the citizens who spend their hard-earned money on the lottery that they know when the lottery is open," he said.
Andrews says he plays the lottery regularly and often plays the numbers that include his birthday and the years of his favorite antique car makes.
"That's my only hope to make more money than what my Social Security pays me," he said.
The ticket purchased at the retailer for the drawing is the proof of winning..not the playslip. In PA the wording on the back of the playslip says:
The ticket is the only valid proof of your play, and the only valid receipt for claiming a prize.
The playslip for what a person was going to play, doesn't cut it.
My gosh, if that's the case, let me go dig up my old playslips. There's got to be a few winners there.
I think they might wind up giving him a free play for a future drawing but not award him the jackpot. Imagine the mess that would create.
New week new lottery horror story..It will never stop..
Hi tiggs! Horror story is right.
Let's see what happens, maybe we have some playslips laying around.....
lol
One of the stores I buy from when the owner is on shuts his machine off at 10:30 and when the workers are on you can buy until they close..Problem would be solved if you buy your tickets early like I do but I'm smart..:)..Oh wait not to smart I play the lottery..
I bet he won't wait until the last minute next time to play his numbers, you can't sue the store because you didn't get to the machine early enough to put your numbers in. Many times the machine is down, then he should have just gone to another store. For a chemist, he doesn't have much common sense!!!!
Even if he did Play his Numbers: Who's to say that those Numbers would have been Drawn!
https://www.lotterypost.com/thread/212042
I wonder if that was the guy here on the LP a few years ago...Losingjeff....lol
ha ha
Have encountered machine not working, entire lottery system down in a certain area, store stops selling tickets at a certain hour.
Solution .... arrive early enough to buy tickets .... go to another store ...... or plan on playing next draw. Common sense solutions in the real world.
I always go to my favorite store that doesn't lie to me about when you can or can't buy tickets. I know that I can purchase tickets when they are open.
I am hoping for a major change in my "luck" tonite!
Good luck to all!
I am hoping to be the first Mega Millions Jackpot Winner in PA!
In Ukraine most retailers end they work BEFORE that lottery terminal is closing sales. Usually lottery computer work up to 9 pm. Actually sales end between 7 and 8 pm... I am usually buy tickets at dinner
I know what you mean. Here in Afghanistan, the caves close at 6 pm. I think that it's not fair to people who are just getting off work. I sometimes have to ask to leave work early and go over 3 mountains and avoid many land mines just to rush to the cave to buy my tickets.
There is no public transportation here, and my camel is in the shop. Oh well.....
BUT!!!! Interesting way to buy tickets for people like that old man that try to "win" jackpot from the store :)
Look at Ukrainian National Lottery Official Website. There are many way to buy lottery tickets. They have unlike traditional sales through lottery terminals also other methods. Playing lottery via Self-Service Terminals (SST), Make bets with cell phone via SMS, also in Life :) Shops, that have they point of sales elsewhere in any city and work up to 10 pm.
"That's my only hope to make more money than what my Social Security pays me," he said.
Sounds like this guy started planning his retirement a little late and foolishly if he was depending on winning a lottery jackpot.
A spokeswoman for the Hoosier Lottery said retailers can set their own hours for selling and redeeming lottery tickets as long as they cut off sales by 10:40 p.m.
"It's up to the individual retail location," Lucia Anderson said.
Josh Brown, another of Andrews' lawyers, said the law isn't explicit.
"There is no statute addressing the retail hours and whether they can set it or not set it," he said.
Brown noted that the contract between the lottery agency and retailers requires stores to display game and date lists, and said those likely would include hours of play.
"It's only fair to the citizens who spend their hard-earned money on the lottery that they know when the lottery is open," he said.
IMO, this lawsuit could have been avoided if the store had put up a sign to let the public know its cutoff time was 10:00 p.m.
Doesn't matter what time he came in as long as it was before 10:40 p.m. - they should have played his numbers for him!
Instead the employees lied and said the machine was broke - what kind of crap is that?
I hope he gets a nice little settlement outta Speedwell
i am in favor of the chemists...To me a chemists is like a private citizen with priviledges...Is a chemist who holds the key whether they find the MAGICAL OIL that will replace fuel when petroleum finishes on this Earth...
Petroleum finishes and say GOOD BYE TO THIS PLANET...
No ticket no laundry
Physical threats can work wonders with intransigent convenient store clerks.
Especially if you're big and ugly and look a little unbalanced.
Thank you Star for getting the gist of the lawsuit. Not sure how some posters misinterpreted it, but glad you got it!
Hope some clarification can be given by the courts to resolve this litigation. Since its directed at the store who denied him, his chances are better .....
Hindsight is 20/20 , so its interesting to read some of the ideas posed.
they are claiming that the store had an obligation to sell him a ticket...and they suing for breach of contract...
i dont beleive they have an obligation....they are providing a service but they are not under an obligation...i dont believe there is a contract or agreement or anything like that....i think the situation is unfortunate but from a legal standpoint i dont see how he can claim for 11.5 million
now i do think that it seems kinda of unneccesary for the store to stop selling tickets since the store is not closed yet and still conducting other business...but they are not obliged to do so...it is their choice
I used to deliver the mail to a little mom-pop type store that had its share of everyday regular lottery players. I remember once a guy coming into the store to buy tickets and the man behind the counter (not sure if he owned the store or not) told the guy the lottery machine was broke. Of course the guy left. The machine wasn't broke....the man just didn't want to have to deal with the customer.
it did say he was disabled so maybe he just had some bad luck and some things may have been of his control. I really feel sorry for the guy but don't think he has a case. He is a regular player so he know the score. can't plead ignorance on this. he should have known better than to wait until last minute. Possession is the law and his lawyers are just gonna milk him dry because state can wait him out. Really tragic case
I understand why Charles Andrews is upset, he knows what #s he would have played, he wrote them down on the playslip, and all 6 would have matched (HIS personal lightening would probably have struck)! That HURTS greatly, and he is probably upset with himself that he waited too long for a person with a disability to get to a backup lottery ticket retailer in case of problems with the first! I've had the same thing happen to me. Unfortunately, the store that he went to support, via purchasing an Indiana Hoosier Lotto lottery ticket BEFORE the apx. 35 minutes the Hoosier Lottery Website's published cut-off time, isn't being fair. As each state lottery indicates, their lottery terminal partner outlets may CHOOSE when their cut-off time is. That time may indeed be WAY BEFORE the state's website published end-times. Sometimes more than an hour before! I've been to gas stations that have done this -- clerk told me that the terminal is turned off after 9:00 P.M. and I simply tell them it's too early and to turn the terminal back on to print me a ticket -- the clerk complied, but I was prepared for the clerk to refuse and drive to another retailer or a grocery store's lottery vending machine!
Yet, lottery ticket retailers KNOW that last minute purchases are common, and should save their lottery terminal clerk's stress levels by simply making a HUGE poster that shows the time periods that the ticket retailer is willing to sell EACH separate lottery game's tickets. Lottery ticket retailers should think of this as a simple way to show customer respect. Honesty, full disclosure is good. This way, if the retailer has odd lottery ticket close hours from those published on the state's lottery website, a player can make note of it and give a retailer that has more convenient to their schedule sale hours their frequent business (although last minute ticket buyers should still ALWAYS be prepared for technical difficulties to occur, where in worse case scenario the willing clerk may not be able to give them a ticket from a crashed, turned off, out-of-ink, broken, etc. lottery terminal machine).
When someone is disabled, in a way that would effect traveling quickly to a back-up lottery retailer with extended hours, they should not plan to purchase tickets at a time where an emergency lottery terminal machine crash could cause them to fall or get confused while rushing to purchase ticket at their backup retailer!
I know what you mean. The place I buy my tickets from is same way (small family run store) and they don't like getting lottery customers because it's low return for them and hold up the line for other customers with more lucrarive purchases. They don't post winnning scratcher tickets or much advertisement. They were honest about it but was cool with me because i always use playslips. They would hate having someone reading off their numbers one by one. Who want to wait in line for that.
hey tiggs it's only Tuesday if we start now we can dream up next weeks horror story : ) LOL should it be postal related?
LOL yep the majority of players would recite numbers off the top of their head and then keep asking how much is that. Then they would keep going or throw in some scratchers. NEVER a thirty second transaction.
I have found a Rolls Royce Phantom Drophead Coupe for 16% off of MSRP! That is .525% of Net Wealth after 35% Taxes ( no state tax in PA )!
Come on Mega Millions!
(I can't wait until the experts tell me that I would be bankrutpt if I won)
I also have a financial plan that is only missing money - lost my job and became disabled after I earned a 4.0 at ITT Tech ..... waiting for a change of fortune ..... but I am already "rich", I have a great family, just could use some extra money!
Ready to give the PA Lottery my name and town and no MOE!
I agree. Store franchise apparently has deep pockets and they want to reach in them.
May have been store policy to not sell tickets X-amount of minutes before cutoff since computers sometimes get bogged down and tickets get default printed for the next draw which makes some customers angry. Have seen that happen.
Want to buy tickets for a particular draw then show up in plenty of time to purchase them.
If he picked his own tickets/numbers, why did he wait so late to buy them? He could have bought them hours/days before and still had pleanty of time and STILL had the same numbers. What the hizzle!?!