Mass. Lottery dispute takes bizarre turn

Comment #39

LisaD1091 — Mon, 27 Feb 2006 02:22:02 GMT

Oh.. P.S My father buying the tickets and throwing them away are on surveillance, and the clerk was willing to testify on his behalf, mylollipop.

Comment #38

LisaD1091 — Mon, 27 Feb 2006 02:20:40 GMT

Well I`m not really going to voice my opinion on this matter, being that I am Kevin's daughter, I'm sure you all know what I am going to say. I just want to say that I do believe this matter is between the courts, St. John, My family, and the lottery. I'm not trying to stop anyone from voicing your opinions and I'm not trying to offend anyone, but I figured I would just thank everyone who sent their condolences. And for you all who are calling my father a "dummy" or whatever, please, he's dead,... [ More ]

Comment #37

BaristaExpress — Tue, 14 Feb 2006 03:11:46 GMT

The law disagrees with your view on both points. The one fact about the circumstances of this case that is undisputed is that St John found the ticket, and the laws about found property are clear. St John only becomes the lawful owner of anything he finds if the person who lost it intended to abandon it or doesn't come forward in the period specified by law.

That's what that is above.

ANY lottery ticket is a BEARER Instrument and that's a fact! That's all that should be recognized here... [ More ]

Comment #36

mylollipop — Mon, 13 Feb 2006 14:24:08 GMT

My question remains. Did anyone see Donovan throw away the ticket(s)? Was it on a surveillance camera? Anyone can make that claim. I hope that his son will let this matter rest-in-peace with his daddy.

Comment #35

Chewie — Wed, 08 Feb 2006 02:29:37 GMT

Isn't there some kind of ruling that allows the law to go through your garbage, after you put it out for pickup, because it is now public property - which is how the police prosecuted some people without a search warrent? I recall a law, in my former state, where garbage on the corner is public property and you can take it, but cannot open a dumpster to get at garbage. As long as you don't make a mess or a public health hazard. Didn't a group of magazine publishers go through the garbage of c... [ More ]

Comment #34

Tenaj — Wed, 08 Feb 2006 02:24:26 GMT

This guy was only scratching off codes and not the entire ticket.

Comment #33

mken32 — Wed, 08 Feb 2006 02:19:15 GMT

What I learn here never discard your tickets in a public place til you double and triple verify and then throw them away in your own trash.

Comment #32

Tenaj — Tue, 07 Feb 2006 23:59:15 GMT

Possession is 9/10 of the law.LOL

Comment #31

konane — Tue, 07 Feb 2006 23:52:41 GMT

Thank you for your answers.

Seems from the first article that it became lost only after it was learned that it was a large dollar winner ... if someone wants to split hairs about timing to claim as a loss rather than part of a discard batch.

However, that's for the courts to decide and will be interesting as to the outcome. Thanks again

Comment #30

KY Floyd — Tue, 07 Feb 2006 23:38:58 GMT

konane wrote:

<< How does the law view precedents set through the law of custom in which convenience store owners had allowed St. John to rummage through garbage >>

Allowing St John to go through the trash and take things only means that the store has no claim on the ticket. The store has absolutely no power to give up anybody else's rights.

<< I fully understand Donovan's son is a legal heir to Donovan's estate, but I still question whether Donovan gave up actual ownership of th... [ More ]

Comment #29

konane — Tue, 07 Feb 2006 20:34:50 GMT

Quote: Originally posted by KY Floyd on February 6, 2006 Quote: Originally posted by Timmer692002 on February 6, 2006 Quote: Originally posted by LANTERN on February 5, 2006 What a person throws away does not belong to him any-more. Case Closed. Next case- Please !

Finders Keepers - Very true.

The fear of the Lord, is the beginning of wisdom !

Too true ...

What is old saying, 'Finders' keepers, LOSER'S weepers!!'

And the son has NO right to anything from the ticket!!

Tim... [ More ]

Comment #28

tg636 — Tue, 07 Feb 2006 19:48:09 GMT

Konane, I see your point. I would settle if I was 100% sure that the case would be done by writing a relatively small check and signing a legal document. But there is no point in settling when by doing so, you are opening the door to more s***bags and shysters threatening more lawsuits if they don't get a similar handout.

Comment #27

konane — Tue, 07 Feb 2006 16:47:24 GMT

Does anyone doubt there will be someone who is absolutely positively sure you have their winning ticket and who is ready to sue you?

That's why you don't cave in to tortious extortion ....... paying someone a few $$$$$ to go away when you know they're making a false claim.

Comment #26

tg636 — Tue, 07 Feb 2006 16:11:59 GMT

I would hold out a while longer and see if the family drops the lawsuit now that the guy is dead, and if they persisted I would offer the kid $50k to settle and try to enjoy my last few years, no matter how right and righteous I felt. But if the old guy prefers to stew with his lawyer in the Massachusetts winter instead of being free to walk the warm beaches of Hawaii or wherever else he always wanted to go, that's up to him. I say time is too short when you are 80, and sometimes when you are 49... [ More ]

Comment #25

mylollipop — Tue, 07 Feb 2006 02:45:32 GMT

Now that would be too sad if St. John ended up dead before having spent one dime of his 'find'

.

Was there a surveillance camera that showed Donovan throwing away the winning ticket or is it just his word that he bought the ticket at the store and he threw it in the store's trash??? Even if a camera shows him in the store buying the ticket, does that necessarily equate he threw it in the trash. ANY eyewitnesses or just his (Donovan's) word

Comment #24

KY Floyd — Mon, 06 Feb 2006 22:17:25 GMT

The law disagrees with your view on both points. The one fact about the circumstances of this case that is undisputed is that St John found the ticket, and the laws about found property are clear. St John only becomes the lawful owner of anything he finds if the person who lost it intended to abandon it or doesn't come forward in the period specified by law.

The law is also clear about inheritance, and the son inherits the property of his father based on the father's will or the applicable... [ More ]

Comment #23

libra926 — Mon, 06 Feb 2006 22:08:37 GMT

HAPPY MONDAY JEFF

Having read most of the postings on this issue, I fully concurr w/you and a few others. This could have happened to anyone. Interesting that in Ohio(your home state)had this same sceanrio occurred, the Kevin Donovan might have had a better chance to make a claim.....but, I fully agree with your point....well made

Comment #22

emilyg — Mon, 06 Feb 2006 18:08:31 GMT

i don't fear my Lord. he is kind and forgiving.

Comment #21

Rainmaker2k — Mon, 06 Feb 2006 17:17:50 GMT

I'm confused, I've read the entire article and I don't see what the Mass lottery has to do with someone throwing away a winning Texas Hold'em scratch off ticket. I must agree that If he found the ticket, then it's his money case closed

Comment #20

tg636 — Mon, 06 Feb 2006 15:19:28 GMT

The lessons of this case are 1)Keep your mouth shut if you find a winning ticket and 2)Treat your tickets like the cash they may be - if you don't like the idea of someone inspecting your discarded ticket and possibly winning something, throw them out at home or rip them up before you toss them. I don't have a lot of sympathy for someone who accidently throws out a winning ticket.

Comment #19

Timmer692002 — Mon, 06 Feb 2006 14:02:00 GMT

Quote: Originally posted by LANTERN on February 5, 2006 What a person throws away does not belong to him any-more. Case Closed. Next case- Please !

Finders Keepers - Very true.

The fear of the Lord, is the beginning of wisdom !

Too true ...

What is old saying, 'Finders' keepers, LOSER'S weepers!!'

And the son has NO right to anything from the ticket!!

Tim

just my view

Comment #18

chameleon530 — Sun, 05 Feb 2006 16:37:42 GMT

article said the son was undecided on whether or not he would pursue the claim. Admittedly, for a 20 year old it would be tempting, but I agree.... The right thing to do would be to just let the claim go and let St. John have the prize.

Comment #17

Chewie — Sun, 05 Feb 2006 16:23:09 GMT

A concept based on FEAR is the first non mombo-jumbo logic I heard out of your kind. Always fear some one who burned women at the stake. Always fear some one who flooded the planet and murdered everything in site; except the chosen few. Hell, Hitler has a new idol; he never killed as many Jews as Jesus has. Frear those who branded women for adultry, but did nothing to the male parder. Fear the leader that kills children at will; burning them alive. Especially fear the current Rep[rsentative... [ More ]

Comment #16

mylollipop — Sun, 05 Feb 2006 14:44:34 GMT

Well said! Amen

Comment #15

LANTERN — Sun, 05 Feb 2006 06:51:08 GMT

What a person throws away does not belong to him any-more. Case Closed. Next case- Please !

Finders Keepers - Very true.

The fear of the Lord, is the beginning of wisdom

Comment #14

jeffrey — Sun, 05 Feb 2006 04:22:02 GMT

I actually pick up lottery tickets from the ground all the time. Can't stand the litter. Found some winners myself. Enjoy checking throwaways as much as buying them. Love getting responses to politically incorrect messages. Digging in the garbage is bad and can spread disease. In my state, garbage cans are private property and digging in them is considered trespass. Sorry for the family of the man that died. Think everyone should try the high road in this case.

Check your tickets carefully,... [ More ]

Comment #13

jeffrey — Sun, 05 Feb 2006 04:13:07 GMT

by wishing Karma on me you bring it on yourself. I'm rubber you're glue.

Comment #12

konane — Sun, 05 Feb 2006 02:02:19 GMT

Comment #11

Chewie — Sun, 05 Feb 2006 01:06:43 GMT

America - and subsequently, the lottery - should stop supporting dumb actions by less then inteligent people. If you can't make it in the real world, then sink. When you throw away something, learn to live without it, don't expect to be forgiven. America will rule the day they stopped counting score at Soccer Games. Children need to learn how to survive without mommie protecting them.

Comment #10

DoctorEw220 — Sat, 04 Feb 2006 21:47:47 GMT

I think it's really stupid his son is trying to continue the claim for the money now. Seriously, he had nothing to do with the ticket. The lottery should just give it to the person who found it.

Comment #9

jim695 — Sat, 04 Feb 2006 20:24:04 GMT

tenaj said:

Donovan threw away his right to the ticket when he threw it in the trash can. He didn't deserve a dime and the only thing his family deserves is our condolences.

__________________________________________________________________________________

While her remarks are very succinct, tenaj has driven home a point which should be embraced by our court system.

If you're going to play the lottery, and you're not going to thoroughly check your own tickets, but will claim tha... [ More ]

Comment #8

Tenaj — Sat, 04 Feb 2006 19:21:39 GMT

Bums have the right to rummage thru trash cans if the property owners don't mind and it's not against the law. Preying upon misfortune is way deeper than looking in a trash can for a overlooked lottery ticket. Would he had been preying upon misfortune if he had been looking for food?

Donavan throw away his right to the ticket when he threw it in the trash can. He didn't deserve a dime and the only thing his family deserves is our condolences.

Comment #7

smd173 — Sat, 04 Feb 2006 18:51:09 GMT

By wishing Karma to come into play here, you are wishing Karma to come and get yourself.

First of all, St. John isn't a bum. He's actually smart. He knew they were bearer instruments, and the fact that he's won $10,000 by getting a ticket out of the trash previously, well....why not do it again.

If someone is stupid enough to have a winner and throw it in the trash, it's their loss. Either understand the rules of the game you are spending $600 on, or don't play.

Comment #6

Chewie — Sat, 04 Feb 2006 17:36:17 GMT

Massachusetts

Represented by Kennedy Kerry! Who would have thunk integrity would bean issue.

Comment #5

jeffrey — Sat, 04 Feb 2006 15:59:05 GMT

It is a bearer instrument but the trash should be locked up against bums rummaging. Yes, bums dig in garbage in this country. Wish he had seen his winner instead of throwing it away. Finding a winning lottery ticket is lucky. Digging and praying for someone to miss a winner is preying upon misfortune. He will get the money but Karma must be considered. Heart attacks run in streaks. Hope, Karma comes into play here.

Comment #4

CASH Only — Sat, 04 Feb 2006 15:41:52 GMT

Mr Donovan's death is why it's so stupid that MA has all these annuity-only scratch games (and Megabucks.) Wonder if Louise Outing is still alive? AFAIK she turns 96 next month.

Comment #3

fja — Sat, 04 Feb 2006 15:16:31 GMT

Talk about taking a turn to the surreal!!!

You got to wonder what the out come of Kevin Donovan's life would have been if he hadn't tossed the ticket.

My condolences to the rest of his family

Comment #2

DoubleDown — Sat, 04 Feb 2006 15:09:46 GMT

I agree, but this is going to be tied up in court for a long time.

The only winners here will be the attorneys.

DD

Comment #1

mylollipop — Sat, 04 Feb 2006 13:57:51 GMT

Hint, Hint...Let this man have the money. He is the bearer of the instrument

Mass. Lottery dispute takes bizarre turn

Lottery Post — Sat, 04 Feb 2006 13:42:00 GMT

In October Kevin Donovan became the talk of the town when he claimed to have thrown away a winning $1 million lottery ticket that another man found in the trash.

Now, while embroiled with the Massachusetts Lottery Commission in a battle to reclaim the ticket from the man who found it, Donovan has suffered the ultimate loss.

Just 49 years old, Donovan suffered a fatal heart attack while traveling in Hyannis on Tuesday, according toKate Donovan, his ex-wife. The couple had been divorced sin... [ More ]