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.