Welcome Guest
Log In | Register )
You last visited December 10, 2016, 3:19 pm
All times shown are
Eastern Time (GMT-5:00)

Winning Powerball lottery ticket in dispute

PowerballPowerball: Winning Powerball lottery ticket in dispute

Kansas couple claims $200,000 Powerball ticket is theirs

An ownership dispute over a winning Powerball lottery ticket worth $200,000 prompted a Grantville, Kansas couple to file a lawsuit against the Kansas Lottery and the Kroger Co. earlier this month.

Topeka attorney Danton Hejtmanek filed the lawsuit on Feb. 10 in Shawnee County District Court on behalf of Ara and Gary Carbonneau, who claim to have purchased a winning Powerball ticket and have a receipt to prove it.

Michele A. Kaminski, who was in possession of the winning ticket, also wants the $200,000 prize. Kaminski is represented by Topeka attorney Stephen Cavanaugh.

"Seldom do these type of situations come up," Ed Van Petten, executive director of the Kansas Lottery, said Thursday.

He said his agency continues to investigate. As a result of the lawsuit, the $200,000 prize hasn't been paid, he said.

When the Carbonneaus came forward, they said they didn't have the ticket but had the pay slip, Van Petten said.

"We began investigating when and where they purchased the ticket," he said. "When the other party came forward, we began looking into that matter as well."

For Hejtmanek, the matter is "crystal clear."

"My clients bought the winning ticket," he said Thursday.

According to Hejtmanek, his clients have played the lottery for years and have special numbers they play. On Feb. 3, his clients purchased a Kansas Cash ticket and a Powerball ticket using their special number along with computer-picked numbers at a Dillons in Lawrence, he said. The clerk handed back the Kansas Cash ticket, receipt and the card with their numbers on it, Hejtmanek said, but the Powerball ticket wasn't there.

"My client figured it was between the other pieces of paper," he said.

Hejtmanek said Kroger Co., which owns Dillons stores, was included in the lawsuit because of the clerk's alleged negligence.

When the Carbonneaus realized they had picked five of the six numbers drawn on Feb. 4, they were unable to find their Powerball ticket, Hejtmanek said. He said they then contacted the Kansas Lottery.

On Feb. 9, Kaminski came forward with the winning ticket and laid claim to the money.

Cavanaugh, her attorney, didn't immediately return a call Thursday. He wrote in a court document that when the Carbonneaus left the Dillons where they allegedly purchased the lottery ticket without taking it they "assumed the risk of no entitlement to the winnings because they could not be the bearer or holder of the winning lottery ticket."

Van Petten said the Kansas Lottery works on "the presumption that the person in possession of the ticket is the winner."

"That's why we recommend signing lottery tickets," he said. "That way you own it even if you lose it."

Capital-Journal

We'd love to see your comments here!  Register for a FREE membership — it takes just a few moments — and you'll be able to post comments here and on any of our forums. If you're already a member, you can Log In to post a comment.

8 comments. Last comment 13 years ago by LottoBuddy.
Page 1 of 1
fja's avatar - gnome1

United States
Member #91
January 19, 2002
11936 Posts
Offline
Posted: February 27, 2004, 7:13 am - IP Logged

Seldom do these type of situations come up," Ed Van Petten, executive director of the Kansas Lottery, said Thursday.

It seems to be happening more and more these days!

"Everybody has to believe in something...I believe I'll have another beer!"   = W.C.Fields                      

    JAP69's avatar - alas
    South Carolina
    United States
    Member #6
    November 4, 2001
    8790 Posts
    Online
    Posted: February 27, 2004, 12:59 pm - IP Logged

    I agree that it seems to be happening more and more. However how much of this has happened in the past.
    These stories have been seen more here at Lottery Post because of the news feature that Todd has for us to read lottery related topics. Local and national newspapers would place an article like this in the back pages with only a short paragraph on the topic if reported at all.
    Articles like this has made the forum members more aware of the importance of their lottery ticket from purchase to safekeeping.

    MAGA

      Avatar
      Farmingdale N.Y.
      United States
      Member #12
      August 15, 2001
      356 Posts
      Offline
      Posted: February 27, 2004, 3:34 pm - IP Logged

      I think the time has come for the various lottery commissions to seriously think about having the ticket terminals stamp the play slips with time and date of purchase. This may clear up ownership of a lost ticket. It would further invalidate the play slip prdventing its use again.

      pegleg

      Improvise-Adapt-Overcome

        JADELottery's avatar - MeAtWork 03.PNG
        The Quantum Master
        West Concord, MN
        United States
        Member #21
        December 7, 2001
        3675 Posts
        Offline
        Posted: February 27, 2004, 4:14 pm - IP Logged

        Van Petten said the Kansas Lottery works on "the presumption that the person in possession of the ticket is the winner."

        "That's why we recommend signing lottery tickets," he said. "That way you own it even if you lose it."

         

        However, was there an act of deception on the part of the store clerk. If so, the Carbonneau's never had the opportunity to sign the ticket and "the presumption that the person in possession of the ticket is the winner." is an invalid statement.

        Presented 'AS IS' and for Entertainment Purposes Only.
        Any gain or loss is your responsibility.
        Use at your own risk.

        Order is a Subset of Chaos
        Knowledge is Beyond Belief
        Wisdom is Not Censored
        Douglas Paul Smallish
        Jehocifer

          Avatar
          New Member
          Houston, TX
          United States
          Member #3726
          February 15, 2004
          1 Posts
          Offline
          Posted: February 28, 2004, 12:29 pm - IP Logged

          KIS/S - Keep it simple. . .Keep it short.

          A "bearer bond" is a bearer bond.  Like traveler's checks, when you sign them, they become your property.  If you don't, they're legal tender.  Let's not get complicated here.

          Collusion between the cashier and bearer of the ticket?  Strongly possible, but then again, people forget their change at the cash register sometimes in addition to lottery tickets.  Conscientious $7 an hour cashiers occasionally look out for their frequent customers. 

            JADELottery's avatar - MeAtWork 03.PNG
            The Quantum Master
            West Concord, MN
            United States
            Member #21
            December 7, 2001
            3675 Posts
            Offline
            Posted: February 28, 2004, 1:08 pm - IP Logged

            Actually, the correct acronym is K.I.S.S. for Keep It Simple Stupid. Also, this hardly an issue of "Opps, I left my change at the counter." It's also not beyond possibility that a long time friend or acquaintance would lie to or deceive their friend or acquaintance; which has been know to happen to people.

            Presented 'AS IS' and for Entertainment Purposes Only.
            Any gain or loss is your responsibility.
            Use at your own risk.

            Order is a Subset of Chaos
            Knowledge is Beyond Belief
            Wisdom is Not Censored
            Douglas Paul Smallish
            Jehocifer

              Pick 3 Fairy's avatar - faery
              Texas
              United States
              Member #44
              November 15, 2001
              3839 Posts
              Offline
              Posted: February 28, 2004, 8:52 pm - IP Logged

              Always check you tickets before you leave the store.  I learned the hard way one time.  I played 2 tickets with the same number and was a $660 winner in the pick 3.  When I bought my tickets, I got distracted when paying for them and just put tickets in my purse.  When I checked the drawing that night and my numbers came up I was so excited and went to get tickets out of my purse.  Guess what, they were not there.  They clerk did not give them to me.  All I had was the play slip.  Always check to make sure you get your tickets and sign the backs even if they drawing has not taken place.  You just never know.

              The Fairy

                LottoBuddy's avatar - tails

                Canada
                Member #3722
                February 15, 2004
                46 Posts
                Offline
                Posted: March 1, 2004, 7:25 pm - IP Logged

                So did you sue the clerk, store and person that found your winning tickets?

                In Canada, there was a single winner of a $30 milion tax-free cash jackpot last April, but the ticket has been lost and will expire worthless next month!