Ohio man sues for share of $99M lottery jackpot

Sep 4, 2011, 5:24 pm (53 comments)

Mega Millions

An employee of a Geauga County cabinetry company has sued 22 of his co-workers for denying him a share of a $99 million lottery jackpot.

And, last week, a judge ordered the Ohio Lottery Commission to set aside about $2 million until Edward Hairston's claim is resolved in a trial.

Hairston contends that every month for eight years he pitched $5 into a lottery pool with co-workers at the KraftMaid company in Middlefield. While recuperating from a back injury, however, he failed to make contributions for lottery drawings in June, July and August.

Unfortunately for Hairston, the KraftMaid group picked the correct six numbers on a Mega Millions drawing on Aug. 5. After taxes and cash option costs, each member of the group stood to receive about $2 million.

Hairston showed up the next day to claim a share of the winnings, according to the lawsuit, but was told he was no longer a part of the group. He had missed three months worth of payments, and the other members had kicked him out.

"So, for a lack of $15, it cost him $2 million," said his lawyer, Howard Mishkind, who filed a lawsuit last month in Cuyahoga County Common Pleas Court.

The group's unwritten policy for years had been to cover for colleagues who were unable to make a monthly payment because of illness, vacation or other reasons, Mishkind said. The money would come from an account containing past winnings of smaller amounts.

On one occasion, the group made payments on behalf of a missing member for five months while she was on medical leave, the lawyer said. Hairston also covered for an absent co-worker with money out of his own pocket.

"I guess you can draw whatever conclusions you want to explain the defendants' motivation," Mishkind said. "Money sometimes has a way of changing a person."

Kerin Lyn Kaminski, a lawyer representing the winners, said the decision by the group to deny Hairston a share was nothing personal. Most of them work in the same building, and in the same department, and are fond of Hairston, she said.

Kaminski said the size of group varies from month-to-month, and that two people who participated in the pool in July didn't play in August when they won the jackpot — but didn't sue for a share.

She denied that special provisions were made in the past for absentee members of the pool, or that emailed reminders were sent to other members but not to Hairston, as he claims in the lawsuit.

"Put yourself in their position," Kaminiski said. "Everybody wishes everybody could win, but it doesn't always work out that way.

"These people are the salt of the earth, and hardworking," she said. "I really like these people. Some of them had a hard time getting by. We should all be glad they won."

Several of the winners already have quit their jobs at KitchenMaid, said Mishkind and Kaminski.

Beverly Kaser, one of three winners from Garrettsville, and the only defendant who could be reached for this story, declined to talk on the advice of her lawyer. Other winners reside in Mentor, Chardon, Painesville, Middlefield, Burton and Aurora.

Hairston, 39, of Youngstown, also declined to comment.

His lawyer said he is married with a 10-year-old daughter. He has worked at KraftMaid for 14 years, most recently as a logistics agent. Now, he needs a walker to get around, but hopes to recover from his back problems to return to work.

"He is doing what he believes, in principle, to be the right thing," Mishkind said. "It's not easy for him to stand up to these folks, especially when he intends to go back to work. But he feels he's not getting all that he is entitled to."

In court last week, Judge Eileen T. Gallagher ordered the Lottery Commission to set aside 1/23rd of the Mega Millions jackpot, and to release the rest of the money — minus taxes and fees — to the 22 defendants in the lawsuit.

They haven't received their winnings yet, but should within several days, lottery officials said.

Gallagher scheduled a jury trial for Dec. 12 to decide Hairston's legal claim.

Plain Dealer

Comments

Sherita's avatarSherita

Reminds me of that ol' saying 'You win some and you loose some.' I hope that he has good proof!

time*treat's avatartime*treat

"The group's unwritten policy ..." <-- well right there's the problem. Roll Eyes

TheRightPrice

I am sorry but Lottery Pools are a bad idea. This keeps hapening over and over again.

 

You might think your cEvil Looking-workers are nice people, but when money is involved, they'll back stab you in a heartbeat.

 

Warning to all lottery pools out there, put whatever policy you come -up with in writing and get it notarized.

TheRightPrice

If you do a search on LP for "LRed Devilttery PoEvil Lookingl  Sue" and there is story after story after of this happening.

JWBlue

Quote: Originally posted by TheRightPrice on Sep 4, 2011

I am sorry but Lottery Pools are a bad idea. This keeps hapening over and over again.

 

You might think your cEvil Looking-workers are nice people, but when money is involved, they'll back stab you in a heartbeat.

 

Warning to all lottery pools out there, put whatever policy you come -up with in writing and get it notarized.

I don't think there is a problem with lottery pools.  They need to be run correctly.

I would put the rules in writing.  There would be a deadline for submitting the money for tickets. 

 

There would be not be a provision for paying for people who are absent that day of work and can not pay the money out of their own pcoket.

I would also have the rules state can not sue if they do not play that week, and they do not win.

RJOh's avatarRJOh

Running a lottery pool is worst than running a small business, now participants expect to be covered if injured, sick or become unemployed, some employers don't offer those kinds of benefits.

redhot7's avatarredhot7

Sorry, if you don't pay, you are not in the pool. And if you are not in the pool, you don't get to collect the money.

acehigh$

give the man his money

rdgrnr's avatarrdgrnr

Quote: Originally posted by acehigh$ on Sep 4, 2011

give the man his money

Maybe I'm a softy with this kinda stuff but I'd be in favor of giving the guy a share if I was in the group.

Especially if he was putting his money in faithfully for 8 years until he went in the hospital and was a friend on top of it.

I think cutting him out would be a rotten thing to do at this point.

You don't cut your friends loose like that over money.

dpoly1's avatardpoly1

If you haven't payed, you haven't played !!!  No No This is why I never play in a lottery pool !

 

I have won $3 in each of the last 3 Powerball Drawings ! Maybe my recent dream of winning the jackpot is just around the corner !

TheRightPrice

Quote: Originally posted by TheRightPrice on Sep 4, 2011

I am sorry but Lottery Pools are a bad idea. This keeps hapening over and over again.

 

You might think your cEvil Looking-workers are nice people, but when money is involved, they'll back stab you in a heartbeat.

 

Warning to all lottery pools out there, put whatever policy you come -up with in writing and get it notarized.

Like I said before.

Stack47

"While recuperating from a back injury, however, he failed to make contributions for lottery drawings in June, July and August."

Tough call on this one because if these guys really were friends, at least one would contacted him just to see how he was doing. Maybe it will come out in court that he was asked to continue playing and declined. A 1/22 share isn't that much more than a 1/23 so there has to be a "the rest of the story".

surimaribo24's avatarsurimaribo24

this is cruel sht...  i mean all those people who won the money they couldnt  think like a dmn human being and give the guy something . im sure he would be happy with it and wouldnt bother doing the  lawsuit . but beside that who knows whats the real story is . money change people in a split second .  another case of hillbillys

rdgrnr's avatarrdgrnr

Quote: Originally posted by surimaribo24 on Sep 4, 2011

this is cruel sht...  i mean all those people who won the money they couldnt  think like a dmn human being and give the guy something . im sure he would be happy with it and wouldnt bother doing the  lawsuit . but beside that who knows whats the real story is . money change people in a split second .  another case of hillbillys

You know I'm gonna have to getcha fer that some day suri. lol

They ain't no hillbillies in Ohio anyway. Thems all hicks up there.

Subscribe to this news story