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Judge orders new trial in Arkansas lottery ticket suit

Topic closed. 102 replies. Last post 5 years ago by KY Floyd.

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LottoGuyBC's avatar - Lottery-050.jpg
British Columbia
Canada
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September 4, 2011
4033 Posts
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Posted: May 25, 2012, 12:47 pm - IP Logged

Hiding Behind Computer

"You have to be in it to win it!"

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    new york
    United States
    Member #123017
    February 11, 2012
    124 Posts
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    Posted: May 25, 2012, 2:05 pm - IP Logged

    i would love to know how much money will be left when things are finished.

      rdgrnr's avatar - walt
      Way back up in them dadgum hills, son!
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      April 28, 2009
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      Posted: May 25, 2012, 2:19 pm - IP Logged

      I think both of these people would be better off if they privately agreed to split the prize money.  By the time all these lawsuits and appeals are finished, there will be no prize left to award, because the lawyers will have it all.

      They'd probably be money ahead if the ruling stands and they did that but I still hope the lady who pulled it out of the garbage keeps it all.

      They're just going on the other lady's word that it was her ticket and the scanner malfunctioned. They can't connect her with it with any evidence whatsoever outside of her word. Anybody could've made the same claim.

      And I gotta feeling that's what's gonna happen - the picker's gonna get it all.


                                                   
                           
                                               

       

       

       

       

                                                                                                         

      "The only thing necessary for evil to triumph is for good men to do nothing"

                                                                                                  --Edmund Burke

       

       

        haymaker's avatar - Lottery-012.jpg
        Egg Harbor twp.south Jersey shore
        United States
        Member #112968
        June 29, 2011
        3856 Posts
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        Posted: May 25, 2012, 2:20 pm - IP Logged

        It would have been a bigger payday if the trash picker had kept
        her mouth shut.  That's the big lesson of this case.  If you find a winner
        be quiet, walk away, take it home and jump up and down and
        scream there...and then wait a couple months to break the chain of
        events and have memories and timelines fade. It may be hard
        to contain yourself, but being sued out of your million
        dollar ticket is a little harder, wouldn't you say?

        Good idea, i'd like to add that you should buy 5 or 10 tix of the same game,

        so that you actually played the game, and thats where the winner came from,

        not the trashcan.

        Extraordinary Popular Delusions & the Madness of Crowds    -- Charles Mackay  LL.D.

          Artist77's avatar - batman14

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          Posted: May 25, 2012, 3:00 pm - IP Logged

          Judges can reverse themselves but it more often occurs when a motion for reconsideration is filed. I am sure there were some motions filed by the losing side and I think (my guess) is the judge realized he dropped the ball on something factually.  If the case was appealed and remanded back to him, that is a big slap to his career. So he must have messed up something big time and is trying to save his name.

            kyokushin187's avatar - evildead2
            cornwall,ct
            United States
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            December 23, 2010
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            Posted: May 25, 2012, 3:41 pm - IP Logged

            She should hsve just cashed the ticket and not told anyone that dhe found it.if a ticket scanner says that a ticket is a loser and she trew it away she wouldnt have known it was a winner.they lady who bought the ticket deserves to get sued for her blatent stupidity for running her mouth and bragging.

            Kyokushin karate a.k.a.

            " The strongest Karate"

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              Kentucky
              United States
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              February 14, 2006
              7318 Posts
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              Posted: May 25, 2012, 4:03 pm - IP Logged

              Judges can reverse themselves but it more often occurs when a motion for reconsideration is filed. I am sure there were some motions filed by the losing side and I think (my guess) is the judge realized he dropped the ball on something factually.  If the case was appealed and remanded back to him, that is a big slap to his career. So he must have messed up something big time and is trying to save his name.

              Maybe another judge or someone from the lottery pointed out his mistake. Jones told the lottery how she got the ticket and they gave her the prize, but the store owner sued saying it was in their trash. The judge awarded the money to Duncan even though she said she discarded the ticket probably because Duncan and the store owner said the scanner malfunctioned.

              It will be interesting how this one turns out.

                maximumfun's avatar - Lottery-030.jpg
                Lavender Rocket

                United States
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                March 16, 2012
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                Posted: May 25, 2012, 5:36 pm - IP Logged

                I think both of these people would be better off if they privately agreed to split the prize money.  By the time all these lawsuits and appeals are finished, there will be no prize left to award, because the lawyers will have it all.

                I Agree!

                  lincolnAbe's avatar - chipmunk
                  nevada
                  United States
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                  March 17, 2012
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                  Posted: May 26, 2012, 9:02 am - IP Logged

                  Suppose the judge now rules its 50/50, wouldn't that set a precident on how to rule on 'found' tickets going forward? 

                   

                  Wouldn't that open the flood gates of folks stealing other folks winning tickets and later claiming they 'found' them... and are gladly willing to share 50/50?

                    Lucky Loser's avatar - bucks
                    Texas
                    United States
                    Member #86154
                    January 30, 2010
                    1649 Posts
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                    Posted: May 26, 2012, 9:51 am - IP Logged

                    You know, this whole incident has taken place for (1) reason, and (1) reason only...the amount of money involved. Man, if this was a ticket containing a prize of $20...even $50, there would be no debate because such a small amount "could be easily won again." People go through trash cans every single day, EVERYWHERE, and find tickets with overlooked prizes which they claim. This has become all POLITICAL and TECHNICAL now in terms of the trash can and its' contents belonging to the store. It's actually very sickening to me on many, many levels. What about the bums that go around to those same cans and dumpsters, WHICH BELONG TO THE STORES, and collect the cans along with other items they consider of value...even food? They collect these items and sell them them so they can eat right?

                    Well, it's still all the same basis by which this ticket is being approached. Do we see or hear about stores filing suite against these bums over cans, or, the left over partial hot dog they took and ate...which also belonged to someone else? Hell, bums find old tickets with maybe $2 on 'em as well...and claim them!! So, what's really going on here is a political battle over a player's "claim" that their ticket was scanned and the scanner lied so they threw the ticket away. Guess what? It's still her fault. She should've known from the start, AFTER CAREFULLY READING HOW TO PLAY THE GAME AND COMPARING  ITS' CORRESPONDING PAYOUT STRUCTURES VERSUS WHAT NUMBERS SHE MATCHED.

                    I don't believe the scanner malfunctioned at all...she's trying to back track and pick up that cool million she tossed away after a very ATTENTIVE and SAVVY PLAYER came along, found the ticket and saw it's true value. God intentionally gave all of us eyes and a brain full of cells which are fully capable of comprehending such a simple ticket. She didn't use either one of her God given talents, which would've made her $1 million richer in this case. So, now we punish the trash diver that hones in and uses their brain to look for such tickets...because they know that these tickets are  thrown away all day everyday by careless, lazy, and uninformed people.

                    Okay, tell the judge he needs to go out and round up all the bums that took discarded cans, hotdogs, and old tickets so he can rule over them as well. As one other poster mentioned which I also agree with, lose lips sink ships...she should've kept quiet and just claimed the money. Right now, she should be on a white sands beach sippin' on lots of Bahama Mamas while snackin' on exotic fruits with a very handsome waiter fanning her, and, at her beck and call.

                    L.L.


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                      May 25, 2011
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                      Posted: May 26, 2012, 10:39 am - IP Logged

                      You know, this whole incident has taken place for (1) reason, and (1) reason only...the amount of money involved. Man, if this was a ticket containing a prize of $20...even $50, there would be no debate because such a small amount "could be easily won again." People go through trash cans every single day, EVERYWHERE, and find tickets with overlooked prizes which they claim. This has become all POLITICAL and TECHNICAL now in terms of the trash can and its' contents belonging to the store. It's actually very sickening to me on many, many levels. What about the bums that go around to those same cans and dumpsters, WHICH BELONG TO THE STORES, and collect the cans along with other items they consider of value...even food? They collect these items and sell them them so they can eat right?

                      Well, it's still all the same basis by which this ticket is being approached. Do we see or hear about stores filing suite against these bums over cans, or, the left over partial hot dog they took and ate...which also belonged to someone else? Hell, bums find old tickets with maybe $2 on 'em as well...and claim them!! So, what's really going on here is a political battle over a player's "claim" that their ticket was scanned and the scanner lied so they threw the ticket away. Guess what? It's still her fault. She should've known from the start, AFTER CAREFULLY READING HOW TO PLAY THE GAME AND COMPARING  ITS' CORRESPONDING PAYOUT STRUCTURES VERSUS WHAT NUMBERS SHE MATCHED.

                      I don't believe the scanner malfunctioned at all...she's trying to back track and pick up that cool million she tossed away after a very ATTENTIVE and SAVVY PLAYER came along, found the ticket and saw it's true value. God intentionally gave all of us eyes and a brain full of cells which are fully capable of comprehending such a simple ticket. She didn't use either one of her God given talents, which would've made her $1 million richer in this case. So, now we punish the trash diver that hones in and uses their brain to look for such tickets...because they know that these tickets are  thrown away all day everyday by careless, lazy, and uninformed people.

                      Okay, tell the judge he needs to go out and round up all the bums that took discarded cans, hotdogs, and old tickets so he can rule over them as well. As one other poster mentioned which I also agree with, lose lips sink ships...she should've kept quiet and just claimed the money. Right now, she should be on a white sands beach sippin' on lots of Bahama Mamas while snackin' on exotic fruits with a very handsome waiter fanning her, and, at her beck and call.

                      L.L.

                      I make it a point now, to sift threw all garbage cans that I find with discarded lotto tickets. Since about a month ago , I've discovered about $60.

                      Nothin' to get overly excited about, but all it cost me was a few minutes of my time. My payoff will come someday, when I find my own $1 million

                      scratch ticket. My ticket will be signed (by me), my lips will be sealed, and the lottery commission will have it delivered to me with no fuss.     Mail For You

                        Artist77's avatar - batman14

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                        Posted: May 26, 2012, 11:00 am - IP Logged

                        I make it a point now, to sift threw all garbage cans that I find with discarded lotto tickets. Since about a month ago , I've discovered about $60.

                        Nothin' to get overly excited about, but all it cost me was a few minutes of my time. My payoff will come someday, when I find my own $1 million

                        scratch ticket. My ticket will be signed (by me), my lips will be sealed, and the lottery commission will have it delivered to me with no fuss.     Mail For You

                        Well some things to think about here are....applying a reasonable person standard.

                         

                        1.) Would a reasonable person have thrown away such a  high value ticket...no.

                        2.) Was she negligent/or did she have an intent to abandon in throwing away the ticket? Probably not (unless the time period to claim had run).  I doubt anyone plays not to win.

                        3.) is is possible the scanner misfunctioned?  Yes.

                        But I am pulling for the finder as well.  It kind of reminds me of situations when someone gets rid of something (a painting, etc.) and it turns out to be high value.  In those cases (and usually where the ultimate owner is far removed from the orignal owner), it is usually finders keepers (unless there was some intent to deceive the owner or theft.)

                          Lucky Loser's avatar - bucks
                          Texas
                          United States
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                          January 30, 2010
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                          Posted: May 26, 2012, 11:13 am - IP Logged

                          I make it a point now, to sift threw all garbage cans that I find with discarded lotto tickets. Since about a month ago , I've discovered about $60.

                          Nothin' to get overly excited about, but all it cost me was a few minutes of my time. My payoff will come someday, when I find my own $1 million

                          scratch ticket. My ticket will be signed (by me), my lips will be sealed, and the lottery commission will have it delivered to me with no fuss.     Mail For You

                          Hey, good for you man...and congrats on your findings!!Cheers You should be very excited!!! I'm a big believer in SEEK AND YE SHALL FIND and challeneged myself to salvage a few discarded tickets. So far, I've only found $5 but, as you've mentioned, all it costed me was TIME and EFFORT...100% profit. Hell, that ticket I cashed in bought me lunch that same day!!Thumbs Up I had lunch on someone else's carelessness...not my fault. See, it's the simple things in life that reward us most of the time but, most people are too proud to do such things.

                          That's why they make gloves, soap, and sanitizer!! mcginnis, there's lots of money out there just waiting to be found and your diligence will, in fact, pay off BIG one day. Even if it's not $1million, a $1000 find will pay some bills, feed you, and allow you to enjoy one hell of a HAPPY HOUR the next day!!

                          As a side note, I'm expecting to be contacted any minute now by the store where I found the $5 ticket. They'll want their cut of the $5 because I found it in their can!!Green laughLOLNo NoNo Nod mcginnis, the clerk even saw me bring the ticket in from my car after I finished checkin' 'em...and proceeded to cash it for me. Know what he said? FINDERS KEEPERS!!!!Patriot

                          We don't live in a bad world, we live in a good world with a bunch of confused people.


                          L.L.

                            rdgrnr's avatar - walt
                            Way back up in them dadgum hills, son!
                            United States
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                            Posted: May 26, 2012, 11:23 am - IP Logged

                            I can hunt, fish and grow things to feed myself and my family if I need to.

                            I'd be dammed before I lower myself to sift through somebody else's garbage and spit and puke and dirty diapers and condoms and who knows what else for anything.

                            I'd rather have my pride and dignity and self-respect as a man.


                                                                         
                                                 
                                                                     

                             

                             

                             

                             

                                                                                                                               

                            "The only thing necessary for evil to triumph is for good men to do nothing"

                                                                                                                        --Edmund Burke

                             

                             


                              United States
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                              Posted: May 26, 2012, 11:27 am - IP Logged

                              I can hunt, fish and grow things to feed myself and my family if I need to.

                              I'd be dammed before I lower myself to sift through somebody else's garbage and spit and puke and dirty diapers and condoms and who knows what else for anything.

                              I'd rather have my pride and dignity and self-respect as a man.

                              A very dignified response.  Patriot     I respect that man.