SEARCY, Ark. — An Arkansas woman who cashed a $1 million lottery ticket may have to give up the winnings to a woman who threw away the ticket after she bought it, according to a judge's ruling Tuesday.
The judge decided that Sharon Duncan was entitled to the prize money, not Sharon Jones, who claimed the prize money after she took the ticket from a trash can of discarded lottery tickets at a convenience store in Beebe, a city about 40 miles northeast of Little Rock.
Jones' attorney, James Simpson, said he plans to appeal. Jones had testified that she already spent some of the money on a new truck and cash gifts to her children.
Simpson noted that Duncan testified she threw away the ticket after the read-out on a ticket scanner said, "Sorry. Not a winner." The attorney argued that people shouldn't be allowed to throw items away and then say, "'ooh, I want to un-abandon it.'"
"We'd have garage-sale law all over the place," he said. "It became trash when someone threw it away."
White County judge Thomas Hughes, however, said Jones never met the burden of proof that Duncan abandoned her right to claim $1 million.
"The $1 million was never found money," Hughes said.
Earlier Tuesday, Jones testified that she gathered a handful of discarded tickets from the trash can — as she had done many times before — and said there was no sign alerting customers not to take tickets.
That contradicted Super 1 Stop store manager Lisa Petriches' earlier testimony that she had taped a sign that read "Do not take" on the can. But a former store clerk testified that Petriches posted the sign only after Jones claimed the prize.
Petriches brought the lawsuit against Jones, and Duncan joined it after the judge said at a January hearing that she may be the true owner of the ticket. Hughes ruled that Petriches and the store's owner, Louie Dajani — whose corporation, Summer One LLC, joined the suit — weren't entitled to anything.
The judge instructed the winning side to write the judgment for his signature, and it will become official once Hughes signs it. Jones' attorneys will then have 30 days to file an appeal.
Hughes found that the evidence weighed in Duncan's favor that she bought the winning ticket, even though lottery records and store security video didn't synch up to the precise timing of the purchase.
Arkansas Lottery Security Chief Lance Huey testified that he investigated the circumstances of the ticket falling into Jones' hands. He said the lottery was satisfied with the investigation and awarded the prize.
Duncan's attorney, James "Red" Morgan, argued that she simply made a mistake by throwing away a $1 million ticket and that the only right she willingly parted with was to enter the ticket for the possibility of a secondary prize.
The lady who found it should have kept her yapper shut about it.
The judge was wrong.
I agree loose lips sink ships, she was even dumber by spending money she didn't have yet.
Ms Duncan should split the winnings with Mrs. Jones. If it wasn't for Jones finding the ticket Duncan would have nothing she was the one that threw away $1 million dollars.
Naw, I have to disagree with EVERYBODY HERE. Why? Possession is 90% of the law...and in this case, just because someone threw away a winning ticket due to not checking it thoroughly, the person who found it and checked shouldn't be stripped of the winnings!!!!! This is total and complete BULLSH*T!!!! I can promise you that if it involved a prize of $50 on a scratch-off, there would be absolutely no issues!!!! However, because this woman wasn't thorough enough to make sure her ticket wasn't a winner, the judge now wants to penalize THE SMART PERSON THAT ACTUALLY GOES AROUND AND CHECKS DISCARDED TICKETS TO VALIDATE WHETHER OR NOT THEY'RE LEGIT WINNERS.
Hell, the ticket wasn't even signed!!! So, this means that if I throw away a $1000 scratch-off, and, someone else finds and claims it, I can file an appeal and get it back!!!! How corrupt is this? The bearer of the ticket is suppose to be the winner providing it wasn't stolen etc. Sorry, I totally disagree with this whole scenario...and the judge is wrong for ruling in this manner. It's the person's fault who threw away a winning ticket...not the discoverer's.
Amazing......
L.L.
Lottery tickets are "bearer instruments".If the ticket was unsigned,it belongs to the person that found it and cashed it in.The judge was wrong!Thats how I see it.
Now you're talkin'!!!!!!!!!
L.L.
For $1 million, the finder probably had to answer when/how she acquired the ticket.
Remember, they already had video of someone else buying that ticket.
This is BS, the ticket was thrown away, it belongs to the woman who found it. I hope this is overturned on appeal.
You can tape anything you want on the trash allegedly but as far as I know the law states that once something goes in the trash it is fair game. The trash logic makes no sense regardless. First you could make the crazy argument that if you threw away your ticket by accident you would not be able to retrieve it and second if tickets are thrown in the trash and can't be retrieved, then does that mean the store has the right to the tickets or does the store have to throw out all tickets?
If it was the store owner that found this ticket rather than this customer would the judge have allowed the owner to keep the ticket? The security video and the ticket purchase time don't even sync up. Where did this judge get his law degree, clown school?
If the ticket was thrown in the dumpster and lost forever this woman would definitely not get anything so at bare minimum she should offer the woman who found the ticket half of the winnings.
Doesn't matter, she threw it away which is also on camera. The NEW BEARER of the ticket actually CLAIMED IT. End of story.
L.L.
CONCUR! Had she quietly cashed in the winning ticket there wouldn't have been any issues. The judge seems to lack common sense...no way he should have ruled in the way of the person who threw away the ticket. There are cases where people have thrown away tickets believing they were not winners. Who is to say that some bum goes digging through a trash bin looking for a meal and finds a million dollar winning scratch off ticket. Then some yahoo claims to have brought the ticket and threw it away by accident and it it's their ticket. Once that ticket is thrown away it is fair game unless the back of the ticket is signed. That judge should have his/her head examined.
LL,
Ridge, Sully and I agree that the Judge was wrong by awarding Ms. Duncan the winnings. I feel if Mrs. Jones(the lady that found the ticket) loses her appeal Ms. Duncan(the lady that threw the ticket away) should do the right thing and split it with the lady that found the ticket. If it wasn't for Mrs. Jones the ticket would still be in the trash.
the ticket was unsigned and if the lottery folks were satisfied and gave the finder of the ticket the money, she should be able to keep the money. It seems like to me the storeowner and manager are trying to "get in on the picture"..why did they think they needed to be in the lawsuit.? The judge is silly as all get out-because the ticket is a "bearer" instrument. Finders, keepers, losers, weepers.
At least 1 Sharon Won!
Well we have the judge and law for a reason to settle disputes .sometimes its fare sometimes its not but its good we live in usa where we have that option to gamble and win. If the law was perfect maybe oj simpson won't have been aquited the first time but he was convicted the second time so its karmer.so where ever there is a dispute the law has no choice but to attempt to find the original owner and that's what happened here. If the law could not find the original owner then the lady that found it can keep it. What I think is the problem is that people should not be allowed to buy lottery tickets or scratch off with out scanning there driver id card into the lottery data machine they bought it from. This way even old people with bad memories will get paid when they forget they bought a ticket or get scammed by fraudulent local lottery retailers in bahamas now enjoying wine coolers on the beach. Lol
It mattered to someone.
I agree with you on most of this, okay. However, if Ms. Duncan wasn't thorough enough to validate the ticket, and, went on to throw it away, then she should get nothing!!! We're talking about a medium of exchange here. I wonder how many times she's been either over charged or short changed, and, never caught it?? Is the judge gonna rule on this as well?? Let's say a person has a pocket full of paper and/or receipts, and, while passing a trash can decides to empty their pockets which also contains a $100 bill in the midst. Now, a bum comes along checking the trash can and finds the $100...who's at fault here?
It's the bum's lucky day!!!!! Finders keepers losers weepers!!! I suppose that if a person was visiting from another state came along and found this ticket to be a winner, the same scenario would be at hand. Now, how wrong is this? Ms. Duncan should be an example on why to completely and thoroughly check your ticket(s) before discarding it(them). Period.
L.L.
Okay.. what I don't get here.. is how many tickets were in the bin? What is the chance the lady who threw the ticket away knew it was HER ticket the other gal cashed. Does she remember those numbers on the ticket were specifically her numbers on that ticket. And again if it was HER ticket why didn't she sign it before she threw it away so she could lay claim to HER ticket in case it ended being a winner?
And then when you scan a ticket and it says not a winner.. generally it's not a winner. Let's face it.. how many lottery machines have you seen that lie? I haven't least they are never in my favor! LOL
If it is a BIG win like a million dollars it generally says "unable to process.. see lottery attendant". So, what got missed here. I think the lady who threw the ticket away is trying to lay claim to a ticket that probably wasn't hers to begin win otherwise it wouldn't have said it wasn't a winner.. which it probably WAS NOT A WINNER. Am I missing something here or is possible to judge is married to the lady who threw the ticket away! LOL
Come on.. it's in the trash, it's not signed and if some person is savvy to seek out trash for a lucky missed ticket.. cudos to them! Like someone else said... finders keepers, losers wheepers! Let the lady have her ticket, she found it, she laid claim to it.. it's hers in my eyes!
Where do we get these judges anymore anyway.. out of a cereal box? They are dumber than a box of rocks sometimes. Whatever happened to common sense?
God help us!
LottoMomma
Keep preachin', babe!!! Soooo many variables here to consider regarding this ticket. In the end, though, the finder should not be penalized in any shape, form, or fashion. I also wonder if there's something more interpersonal going on....
L.L.
As someone who regularly checks the trash bins for tickets whenever I buy them , this decision bothers me. I just hope this judgement doesnt become the norm in these cases. Duncan would have never known she threw away a winner if Jones didn't find it. And I though the burden of proof was supposed to be on the person bringing the case to court not Jones. The judge got it all backwards. This is in complete contrast to the case whith the guy who found a million dollar texas holdem ticket in the trash at a white hen pantry. The guy who thrrew it away in that case lost. So wheres the consistancy with these judgements?
For the judge to make this decision , I can almost garantee he knows someone in the suiing party or knows someone who knows them. It relly is rediculous.
This also reminds me why doesn't the lottery have a reward card like the casinos or publix super market or win dixie super markets this way regular players like me can enter name address and get points to buy free future lottery tickets and scratch offs well am not asking for free beer that will be going too far but worth trying to get big roller players like me.lol
"Consistancy"?
Would you like "fairness" with that?
Thing is, she found/won too much and claimed too soon for the prize award to go unchallenged.
Find a couple hundred in the trash, fine, congrats to you, here's your cash.
Find big money, you're gonna jump through some hoops, first. They may even check & see if your baby-mama got a claim against you.
Thank God for Appeals. Sometimes the Judge gets it WRONG! As in this case! That is just wrong, wrong, wrong, wrong, wrong!!!
Does that mean she will get a different Judge the next time around?
I agree with you 100%
If it wasnt signed on the back-and apparently it wasnt
then the bearer has the right to the ticket.
Law school 101
Come on, judge.
I agree rdg.if it been me I would not have said a thing first of all.second I would have about a month or to cash it.as far as them asking about when and where it was purchased.here's my answer: I purchase scratch a lottery tickets from many stores when I travel and I purchase a lot. So I can't remember when and where the ticket was purchased. People love to brag about when they win something ESP to the the press.they just gotta have that 15 minutes of fame.
Your exactly rite , this wouldn't even be a story ,....if she kept the pie whole shut.Now we can kick back and watch the lawyers get the rest of it.Sorta like a fishing story ,you shoulda seen the one that gotta way.