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 since 2002, and Kate Donovan said she had no interest — financial or otherwise — in her ex's legal bid to reclaim the ticket.
"He was optimistic about it," she said. "But he was a gambler. I'm a very risk-averse person."
Donovan's death does not necessarily mean the end of his claim, however.
Donovan had two children, including Dan Donovan, 20, who is considering pursuing his father's claim. As an heir and legal adult, he has the standing to do so, his mother said. At this point, however, he is undecided.
Kevin Donovan ran a gas station in town and lived with his son on Lincoln Street, according to Kate Donovan, of Indian Run Road in Bellingham.
News of Donovan's untimely demise took just about everyone involved in the lottery imbroglio by surprise.
"You gotta be joking," said Edward St. John, the 82-year-old man who discovered Donovan's jettisoned jackpot. "Is that official?"
St. John was reluctantly thrust into the national spotlight in early October when he discovered the ticket while making his usual rounds at the White Hen Pantry, a convenience store on Main Street where he regularly fishes through trash receptacles for discarded lottery tickets. Earlier, St. John found a $10,000 winner in the store's trash bin.
When St. John picked out a $1 million winner on the Texas Hold 'em Poker game, even Jay Leno and Good Morning America wanted to put him on TV — offers St. John has spurned. Upon learning of Donovan's untimely demise yesterday, St. John was very stingy with his expressions of sympathy for the man he blames for blocking his payday.
While St. John said he feels sorry for anyone who dies, he added that it's pretty hard to feel sorry "when they're trying to give you the business like he's been doing to me."
St. John said he would have been able to cash the disputed ticket long ago if it weren't for Donovan, and now he's just waiting for a call from the Massachusetts Lottery Commission to see what happens next. All he wants is to collect his winnings so he can share the windfall with other members of his family.
"This isn't fun for me," St. John said. "I just want to get this straightened out so I can live my life — what's left of it. I know my time is limited."
Donovan, through his lawyer, Dan Doyle, had claimed he inadvertently discarded the winning lottery ticket knowing it was a winner, but unaware of the actual size of the jackpot.
Donovan was said to have purchased every ticket on the White Hen Pantry's dispenser of Texas Hold 'em tickets on the day in question — about $600 worth. Among the evidence introduced to the Massachusetts Lottery Commission on his behalf was a security videotape from the store showing Donovan buying tickets.
Donovan had filed an appeal with the commission and, following a hearing in November, he and St. John had been waiting for a decision.
The ruling, however, was expected to be a mere prelude to yet another phase of the dispute in Superior Court. Despite granting Donovan an internal, administrative hearing, the commission had already announced publicly that St. John was entitled to the winnings because lottery tickets are "bearer instruments," payable to whomever is in possession of them.
Doyle did not return telephone calls for comment about the case.
In a telephone interview Thursday, Beth Bresnahan, spokeswoman for the lottery, said officials at the agency were also stunned by news of Donovan's death.
"When I told the paralegal her jaw just dropped, so this isn't something that happens very often," said Bresnahan. "This was an amazing story to begin with."
Such situations are so rare that Bresnahan could not initially say how Donovan's death would affect his appeal. But after researching the matter, she said that in the eyes of the law, Donovan's appeal is a property claim, meaning his estate — his heirs, in other words — have the option of pursuing it. A decision in the case is due next month, she said.
In addition to his son, Donovan also had a daughter, Lisa, 17, who lived with her mother in their yellow raised ranch overlooking Lake Hiawatha, Kate Donovan said.
Kevin Donovan would have turned 50 on Feb. 12. Lately, it seems, his family had been plagued by tragedy because his father, Francis Donovan, just passed away about two months ago, leaving his mother, Mary, alone, according to Kate Donovan. Francis Donovan was a well-known public servant in the Milford area, she said.
Kevin Donovan was traveling on Cape Cod with a girlfriend when he suffered a heart attack and was later pronounced dead at Cape Cod Hospital in Hyannis, said his ex-wife. His body was to be cremated after his organs harvested for donation, she said.
Although Donovan had told his children that he had lost a $1 million lottery ticket, Kate Donovan said he never told her, at least face to face.
"He never had to," she said. "It was all over the news."
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.
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.
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.
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.
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.
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.
"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 that you won something when someone else checks your ticket after you've already decided you didn't want it, then why not just write a check every month and send it to your state lottery along with a thank-you note?
Winning something in the lottery is more complex than simply purchasing a ticket. If it were that easy, all of us would win all of the time. Unfortunately, there are rules in place which state that the numbers or symbols on your ticket must match other numbers or symbols and, if they don't match, then you don't win.
The symbols on scratch-off tickets can be very confusing, so if you don't look closely, you might discover that someone more observant is actually getting paid for your efforts or, more precisely, for your lack of any effort. I've played many, many state lotteries in the past, but I've never seen a ticket that says, "The lottery will pay the purchaser of this ticket ..."
Anyone who spends $600 on scratch-off tickets in a single session, and then doesn't have the good sense to carefully check his own tickets deserves to lose his money. If the courts would begin to see things this way, we wouldn't be reading these stories anymore. Donovan should have considered himself lucky to have had six hundred bucks to waste on scratch-off tickets in the first place.
I'm sorry the guy's dead, but I agree with tenaj; Mr. Donovan and his family deserve nothing more substantial than our deepest and most heartfelt sympathy for his passing.
Check your own tickets, kids, and examine them well; ignorance usually doesn't cost anything, but stupidity always comes with a price attached, and sometimes that price can be very high...
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.
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.
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.
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.
by wishing Karma on me you bring it on yourself. I'm rubber you're glue.
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.
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 !
Well said! Amen!
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 of Jesus; priests. All parents of little boys needs to be smarter and not allow their little precious to be in a room alone with Christs representatives. FEAR your leader, yuou may wind up being dinner for some lions tomorrow. Fear anything that had the power to cut out you tongue for questioning the illogical begatting role of women. Fear dancing; it will be your road to hell - hummmmm; actually you won't go to hell, just your imaginary soul. You? You'll just rot away!
Everyone is complaining about the Muslims rioting and killing people. It wasn't oo long ago, those devout Christians were accomplishing the same thing every day. I know the devout would like to wipe the Mid-Evil times, and the Crusades, from the history books, but they can't. Even the ignoring of the plight of the Jews by the Pop is acceptable by the fearfull. Just becareful what wisdom you learn, and which you ignore. Jim Jones was not an isolated incident.
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.
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.
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.
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
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, it's your money.
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
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!
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 law if there wasn't a will. That gives him every right to anything he inherited.
Now that Donovan is dead it's going to be difficult for him to testify, but his claim of ownership is already on record. If Donovan was still alive the plaintiff in a lawsuit would have been an idiot who spent $600 on lottery tickets and then managed to lose track of one worth a million dollars, and he probably wouldn't have much sympathy from the jury in comparison to an old guy who found the ticket in the trash. Now the plaintiff in the lawsuit will be some poor 20 year old kid whose father just died, and that's going to get a lot more sympathy from a jury. If St John has a lick of sense he should be eager to just split the winnings and enjoy it before he sees Donovan again and his heirs get to continue the dispute.
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?
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.
The problem I have with these lost and found lawsuits is that whenever you claim to have found money or anything of value, someone will pop up to claim they lost it. To prove it, if you ever win big on a ticket you bought, just falsely claim you found the ticket. Does anyone doubt there will be someone who is absolutely positively sure you have their winning ticket and who is ready to sue you?
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.
The problem I have with these lost and found lawsuits is that whenever you claim to have found money or anything of value, someone will pop up to claim they lost it. To prove it, if you ever win big on a ticket you bought, just falsely claim you found the ticket. Does anyone doubt there will be someone who is absolutely positively sure you have their winning ticket and who is ready to sue you?
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.
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.
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!
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 law if there wasn't a will. That gives him every right to anything he inherited.
Now that Donovan is dead it's going to be difficult for him to testify, but his claim of ownership is already on record. If Donovan was still alive the plaintiff in a lawsuit would have been an idiot who spent $600 on lottery tickets and then managed to lose track of one worth a million dollars, and he probably wouldn't have much sympathy from the jury in comparison to an old guy who found the ticket in the trash. Now the plaintiff in the lawsuit will be some poor 20 year old kid whose father just died, and that's going to get a lot more sympathy from a jury. If St John has a lick of sense he should be eager to just split the winnings and enjoy it before he sees Donovan again and his heirs get to continue the dispute.
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 both in the dumpster outside and/or inside perhaps by "taking out the garbage" for them so he could have at it with what might have been discarded?
Seems he may have customarily done just that with the blessing of the convenience store owners.
If not they should have told him to cease and desist. If he continued against their wishes they should have asked the police to give him a warning then had him picked up for trespassing.
Anyway the first news story seemed to indicate that was the case until fireworks went off by St. John having said he had the winning ticket. Just perhaps if the truth were known St. John was the very first person to recognize it was a winner and others followed like storm troopers knowing they'd dropped the ball big time.
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 the winning scratch off by carelessly discarding it into what the convenience store owner had previously set a precedent by delegated their garbage to being public domain when it hit the trash can inside the store.
<< 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 the winning scratch off by carelessly discarding it >>
Donovan's intent is the matter the courts will need to decide, assuming it goes that far. If the court decides that he intended to abandon his property then St. John is now the lawful owner. If he had only thrown one ticket in the trash it would almost certainly be a slam dunk for St John, but since he threw many tickets away the legal issue is whether he intended to throw way the winning ticket or if it was lost accidentally. If it was lost accidentally it doesn't matter whether it was lost in a trash can, the parking lot, or a bus on his way home. Any accidental loss of property means ownership and recovery are governed by the applicable law.
<< 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 the winning scratch off by carelessly discarding it >>
Donovan's intent is the matter the courts will need to decide, assuming it goes that far. If the court decides that he intended to abandon his property then St. John is now the lawful owner. If he had only thrown one ticket in the trash it would almost certainly be a slam dunk for St John, but since he threw many tickets away the legal issue is whether he intended to throw way the winning ticket or if it was lost accidentally. If it was lost accidentally it doesn't matter whether it was lost in a trash can, the parking lot, or a bus on his way home. Any accidental loss of property means ownership and recovery are governed by the applicable law.
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!!
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 celebrities a while back and win a law suit that said they could do that.
Why wouldn't that concept apply to thrown away lottery tickets? One mans garbage is another mans treasure.
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.
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! The Mass lottery even admits that's what their lottery tickets are, so why put up with all the petty BS from the dummy who lost the ticket in the first place? The lottery in Mass is one I wouldn't play (even if I could) because they don't follow their own rules as to what their lottery tickets are! There is no claim by any other person to be made on a Bearer Instrument! Unless said Bearer Instrument is obtained through fraud, some how, some way and that isn't the case here! So, I say pay the person who presented the ticket for payment, "It's A Bearer Instrument" END OF STORY!
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, have some respect. St. John had no right to go inside a store and go through their trash by the way. The man is not smart, well at least I don't find rummaging through the trash smart, and he's an extremely rude individual. His comments on my father's death were unnecessary. Again, as I said I am not trying to pick a fight with anyone over this issue, including St. John, but please have respect.
Hint, Hint...Let this man have the money. He is the bearer of the instrument!
Hint, Hint...Let this man have the money. He is the bearer of the instrument!
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
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!
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.
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.
Massachusetts
Represented by Kennedy & Kerry! Who would have thunk integrity would bean issue.
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.
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.
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.
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.
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 that you won something when someone else checks your ticket after you've already decided you didn't want it, then why not just write a check every month and send it to your state lottery along with a thank-you note?
Winning something in the lottery is more complex than simply purchasing a ticket. If it were that easy, all of us would win all of the time. Unfortunately, there are rules in place which state that the numbers or symbols on your ticket must match other numbers or symbols and, if they don't match, then you don't win.
The symbols on scratch-off tickets can be very confusing, so if you don't look closely, you might discover that someone more observant is actually getting paid for your efforts or, more precisely, for your lack of any effort. I've played many, many state lotteries in the past, but I've never seen a ticket that says, "The lottery will pay the purchaser of this ticket ..."
Anyone who spends $600 on scratch-off tickets in a single session, and then doesn't have the good sense to carefully check his own tickets deserves to lose his money. If the courts would begin to see things this way, we wouldn't be reading these stories anymore. Donovan should have considered himself lucky to have had six hundred bucks to waste on scratch-off tickets in the first place.
I'm sorry the guy's dead, but I agree with tenaj; Mr. Donovan and his family deserve nothing more substantial than our deepest and most heartfelt sympathy for his passing.
Check your own tickets, kids, and examine them well; ignorance usually doesn't cost anything, but stupidity always comes with a price attached, and sometimes that price can be very high...
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.
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.
Massachusetts
Represented by Kennedy & Kerry! Who would have thunk integrity would bean issue.
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.
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.
by wishing Karma on me you bring it on yourself. I'm rubber you're glue.
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, it's your money.
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 !
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 !
Well said! Amen!
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 !
Well said! Amen!
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 of Jesus; priests. All parents of little boys needs to be smarter and not allow their little precious to be in a room alone with Christs representatives. FEAR your leader, yuou may wind up being dinner for some lions tomorrow. Fear anything that had the power to cut out you tongue for questioning the illogical begatting role of women. Fear dancing; it will be your road to hell - hummmmm; actually you won't go to hell, just your imaginary soul. You? You'll just rot away!
Everyone is complaining about the Muslims rioting and killing people. It wasn't oo long ago, those devout Christians were accomplishing the same thing every day. I know the devout would like to wipe the Mid-Evil times, and the Crusades, from the history books, but they can't. Even the ignoring of the plight of the Jews by the Pop is acceptable by the fearfull. Just becareful what wisdom you learn, and which you ignore. Jim Jones was not an isolated incident.
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.
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.
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!
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.
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
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 !
i don't fear my Lord. he is kind and forgiving.
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, it's your money.
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
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!
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 law if there wasn't a will. That gives him every right to anything he inherited.
Now that Donovan is dead it's going to be difficult for him to testify, but his claim of ownership is already on record. If Donovan was still alive the plaintiff in a lawsuit would have been an idiot who spent $600 on lottery tickets and then managed to lose track of one worth a million dollars, and he probably wouldn't have much sympathy from the jury in comparison to an old guy who found the ticket in the trash. Now the plaintiff in the lawsuit will be some poor 20 year old kid whose father just died, and that's going to get a lot more sympathy from a jury. If St John has a lick of sense he should be eager to just split the winnings and enjoy it before he sees Donovan again and his heirs get to continue the dispute.
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?
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.
The problem I have with these lost and found lawsuits is that whenever you claim to have found money or anything of value, someone will pop up to claim they lost it. To prove it, if you ever win big on a ticket you bought, just falsely claim you found the ticket. Does anyone doubt there will be someone who is absolutely positively sure you have their winning ticket and who is ready to sue you?
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.
The problem I have with these lost and found lawsuits is that whenever you claim to have found money or anything of value, someone will pop up to claim they lost it. To prove it, if you ever win big on a ticket you bought, just falsely claim you found the ticket. Does anyone doubt there will be someone who is absolutely positively sure you have their winning ticket and who is ready to sue you?
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.
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.
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!
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 law if there wasn't a will. That gives him every right to anything he inherited.
Now that Donovan is dead it's going to be difficult for him to testify, but his claim of ownership is already on record. If Donovan was still alive the plaintiff in a lawsuit would have been an idiot who spent $600 on lottery tickets and then managed to lose track of one worth a million dollars, and he probably wouldn't have much sympathy from the jury in comparison to an old guy who found the ticket in the trash. Now the plaintiff in the lawsuit will be some poor 20 year old kid whose father just died, and that's going to get a lot more sympathy from a jury. If St John has a lick of sense he should be eager to just split the winnings and enjoy it before he sees Donovan again and his heirs get to continue the dispute.
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 both in the dumpster outside and/or inside perhaps by "taking out the garbage" for them so he could have at it with what might have been discarded?
Seems he may have customarily done just that with the blessing of the convenience store owners.
If not they should have told him to cease and desist. If he continued against their wishes they should have asked the police to give him a warning then had him picked up for trespassing.
Anyway the first news story seemed to indicate that was the case until fireworks went off by St. John having said he had the winning ticket. Just perhaps if the truth were known St. John was the very first person to recognize it was a winner and others followed like storm troopers knowing they'd dropped the ball big time.
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 the winning scratch off by carelessly discarding it into what the convenience store owner had previously set a precedent by delegated their garbage to being public domain when it hit the trash can inside the store.
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 the winning scratch off by carelessly discarding it >>
Donovan's intent is the matter the courts will need to decide, assuming it goes that far. If the court decides that he intended to abandon his property then St. John is now the lawful owner. If he had only thrown one ticket in the trash it would almost certainly be a slam dunk for St John, but since he threw many tickets away the legal issue is whether he intended to throw way the winning ticket or if it was lost accidentally. If it was lost accidentally it doesn't matter whether it was lost in a trash can, the parking lot, or a bus on his way home. Any accidental loss of property means ownership and recovery are governed by the applicable law.
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 the winning scratch off by carelessly discarding it >>
Donovan's intent is the matter the courts will need to decide, assuming it goes that far. If the court decides that he intended to abandon his property then St. John is now the lawful owner. If he had only thrown one ticket in the trash it would almost certainly be a slam dunk for St John, but since he threw many tickets away the legal issue is whether he intended to throw way the winning ticket or if it was lost accidentally. If it was lost accidentally it doesn't matter whether it was lost in a trash can, the parking lot, or a bus on his way home. Any accidental loss of property means ownership and recovery are governed by the applicable law.
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!!
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.
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.
This guy was only scratching off codes and not the entire ticket.
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 celebrities a while back and win a law suit that said they could do that.
Why wouldn't that concept apply to thrown away lottery tickets? One mans garbage is another mans treasure.
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. 
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.
ANY lottery ticket is a BEARER Instrument and that's a fact! That's all that should be recognized here! The Mass lottery even admits that's what their lottery tickets are, so why put up with all the petty BS from the dummy who lost the ticket in the first place? The lottery in Mass is one I wouldn't play (even if I could) because they don't follow their own rules as to what their lottery tickets are! There is no claim by any other person to be made on a Bearer Instrument! Unless said Bearer Instrument is obtained through fraud, some how, some way and that isn't the case here! So, I say pay the person who presented the ticket for payment, "It's A Bearer Instrument" END OF STORY!
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, have some respect. St. John had no right to go inside a store and go through their trash by the way. The man is not smart, well at least I don't find rummaging through the trash smart, and he's an extremely rude individual. His comments on my father's death were unnecessary. Again, as I said I am not trying to pick a fight with anyone over this issue, including St. John, but please have respect.
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.