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Delawarean Looses Powerball Lawsuit

Topic closed. 12 replies. Last post 10 years ago by rdc137.

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Delaware
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January 14, 2006
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Posted: December 8, 2006, 4:39 pm - IP Logged

http://www.delawareonline.com/apps/pbcs.dll/article?AID=/20061208/NEWS/61208045

COPIED FROM LINK ABOVE:

In high court, no win over Powerball

Posted Friday, December 8, 2006 at 3:13 pm

The story of a 49-year-old Bear man who filed a lawsuit claiming he was entitled to a $5 million lottery prize even though he lost the winning ticket in a laundry mishap didn’t wash with the state Supreme Court.

The Supreme Court instead affirmed a lower court’s decision to dismiss Robert W. Palese’s lawsuit against the state Lottery Office. In June, Chancery Court Vice Chancellor John W. Noble ruled that Palese didn’t have a claim.

Palese, who filed his suit last year, said the ticket was destroyed after he put it in the pocket of his jeans and then ran the jeans through the washer and dryer.

Palese said the state could determine he was the winner by using its computerized lottery system to verify that he played four other sets of numbers along with the winning numbers at Valentina Liquors in Bear. Palese said he knows what the other sets of numbers were because he kept the card he marked to buy his ticket.

Contact Esteban Parra at 324-2299 or eparra@delawareonline.com.

    weshar75's avatar - Lottery-042.jpg
    Mcminnville, Oregon
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    Posted: December 8, 2006, 5:16 pm - IP Logged

    If you don't got the ticket you don't have anything.  You should not have wasted your time trying to go after money that you can prove you won in the first place.  Go buy another ticket and try to win off that one.  Or be smart and not stick your winning ticket in the wash you moron!-weshar75

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      California
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      Posted: December 8, 2006, 7:21 pm - IP Logged

      rdc137...Just out of interest, has there been a $5 million Powerball ticket go unclaimed?  Not living in a Powerball state, is there even such a thing as a Powerball ticket worth $5 million?  Maybe a split jackpot?  How did this case get to the Supreme Court in Delaware?

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        Delaware
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        Posted: December 8, 2006, 7:38 pm - IP Logged

        rdc137...Just out of interest, has there been a $5 million Powerball ticket go unclaimed?  Not living in a Powerball state, is there even such a thing as a Powerball ticket worth $5 million?  Maybe a split jackpot?  How did this case get to the Supreme Court in Delaware?

        There was an unclaimed jackpot in Bear, however, I don't know the details. I thought it was related to the Delaware Lotto, however.

          RJOh's avatar - chipmunk
          mid-Ohio
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          March 24, 2001
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          Posted: December 9, 2006, 8:36 pm - IP Logged

          According to Iowa Lottery website,they still have two PB tickets worthed $200,000 that have gone unclaimed for over six months, luckily Iowa allows a year for winners to claim their winnings.

          Arizona has a PB $200,000 ticket that has gone unclaimed for almost three months.  The winner has another three months to make a claim since Arizona allows 180 days to make a claim.

          Lots of winning lottery tickets goes unclaimed every month and if states allowed everyone who claimed they lost their tickets to claim them there would be more people making claims then there are tickets.

           * you don't need to buy more tickets, just buy a winning ticket * 
             
                       Evil Looking       

            fja's avatar - gnome1

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            Posted: December 10, 2006, 11:40 am - IP Logged

            It seems strange that the lottery commision would not come out and call him a liar,,,as they so often do when they get a false claim......his claim must have some merit.....although the "no ticket, no cash" rule seems to hold up in court, this may set some precedent in future court rulings.......

             written by the AP (below).....

            DOVER, Del. (AP)- Bob Palese believes he had the winning $5 million lottery ticket, but he says it was destroyed in the laundry.

             

            Now, he is suing the Delaware State Lottery Office, saying they should be able to figure out that he did, indeed, buy the ticket.

             

            In a lawsuit filed this month in Chancery Court in Wilmington, the 48-year-old Bear resident accuses the lottery office and its director, Wayne Lemons, of failing to investigate his claim that he won the March 21, 2003, game.

             

            Lottery officials announced in March 2004 that a $5 million jackpot was returned to the state general fund after the holder of the winning ticket from the March 21, 2003, contest failed to collect it.

             

            Palese said the state can determine he is the winner by using its computerized lottery system to verify that he played four other sets of numbers along with the winning numbers, 09-13-19-24-27-35, at Valentina Liquors in Bear.

             

            Palese says he knows what the other sets of numbers were because he kept the card he marked to buy his ticket.

             

            "It's a virtual statistical impossibility that anyone besides (Palese) had played the same five 6-number combinations," the lawsuit says.

             

            Lemons was not available to discuss Palese's claims. Lottery spokesman Brian Peters and the state Attorney General's Office, which represents the lottery in legal matters, would not comment.

             

            Palese first tried to collect the prize a few weeks after the drawing by writing a letter to the lottery. But Lemons replied in a letter that Palese would have to wait one year from the date of the drawing for a review of his claim, the lawsuit says. Shortly after the one-year anniversary of the drawing, however, Palese saw an item in the newspaper reporting the jackpot had been returned to the general fund.

             

            When he questioned lottery officials about it, they told him not to believe everything he read in the paper and a few days later asked for details about Palese's purchase and loss of the ticket, the lawsuit says.

             

            Palese said the ticket was destroyed after he put it in the pocket of his jeans and then ran the jeans through the washer and dryer.

             

            "Never once did they say to me, 'Mr. Palese, if you don't have the ticket, you don't win the money,'" he said.

             

            Despite these efforts, Lemons told him through a letter in mid-April 2004 that he could not claim the prize without the winning ticket.

             

            This is the second lawsuit Palese has filed to try to collect the winnings. He voluntarily withdrew the case he filed in Superior Court in December 2004

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

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              Delaware
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              Posted: December 10, 2006, 12:02 pm - IP Logged

              There is no secret that you need the ticket to claim the prize.

                RJOh's avatar - chipmunk
                mid-Ohio
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                Posted: December 10, 2006, 2:22 pm - IP Logged

                In the past, I've read of of people who have claimed they lost their ticket and collected the prize money when a lottery commissions didn't follow its own rules.  I've always thought it would be fairer to have one rule and treat every case the same, regardless.  While Mr. Palese might be able to make a good case, anyone who had access to insider information could make just as good of case even though Mr. Palese made his case long before it was known that the ticket was not going to be available.


                A couple of years ago, Indiana had a case of a security person sharing information with some friends about the where abouts of a million dollar scratch-off ticket just before he retired.  They went to the particular store and bought the whole roll of tickets and was exposed when couldn't decide how to split the money later on.

                 * you don't need to buy more tickets, just buy a winning ticket * 
                   
                             Evil Looking       

                  guesser's avatar - Lottery-017.jpg

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                  Posted: December 10, 2006, 8:25 pm - IP Logged

                  I don't understand how he has a ticket he filled out for the other 4 games but not the winning one ?

                  Yeah, if he's that much into the lottery that he knows what he filled out - but he washed his ticket ?

                   

                  I'm gonna run a test this week - I'm going to run a losing ticket thru a wash/dry cycle and see what it looks like.

                  Yeah, they may use different ink/paper/printing process, but what the heck, I wanna know. 

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                    Delaware
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                    Posted: December 11, 2006, 12:24 am - IP Logged

                    I don't understand how he has a ticket he filled out for the other 4 games but not the winning one ?

                    Yeah, if he's that much into the lottery that he knows what he filled out - but he washed his ticket ?

                     

                    I'm gonna run a test this week - I'm going to run a losing ticket thru a wash/dry cycle and see what it looks like.

                    Yeah, they may use different ink/paper/printing process, but what the heck, I wanna know. 

                    Try leaving it on top of a toaster while using it. Make sure it's a thermal ticket.

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                      NY
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                      Posted: December 11, 2006, 1:08 am - IP Logged

                      I don't understand how he has a ticket he filled out for the other 4 games but not the winning one ?

                      Yeah, if he's that much into the lottery that he knows what he filled out - but he washed his ticket ?

                       

                      I'm gonna run a test this week - I'm going to run a losing ticket thru a wash/dry cycle and see what it looks like.

                      Yeah, they may use different ink/paper/printing process, but what the heck, I wanna know. 


                      Look at the article. It clearly says that he still had the bet slip.

                      There have been plenty of news stories about past lottery prizes that were paid without a winning ticket and there's really no legitimate reason to deny the claim when the person making the claim came forward shortly after the drawing and can list all 5 sets of numbers played on the ticket. 

                        fja's avatar - gnome1

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                        Posted: December 11, 2006, 9:17 am - IP Logged

                        There is no secret that you need the ticket to claim the prize.

                        Unfortunately you are correct , Delaware claims no reponsibility for lost stolen or mutilated tickets in its rules and regs (thier only statement on this issue from what I see).  Some other states have procedures in place for just that kind of issue.

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

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                          Delaware
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                          Posted: December 11, 2006, 2:16 pm - IP Logged

                          Unfortunately you are correct , Delaware claims no reponsibility for lost stolen or mutilated tickets in its rules and regs (thier only statement on this issue from what I see).  Some other states have procedures in place for just that kind of issue.

                          I don't agree with the policies of some states that allow ticketless claims (excluding subscriptions of course). It is basically inviting fraud. I think it should be a no-brainer that you must keep the ticket in order to claim the prize. Delaware, and several other states, pass out ticket holders (I have seen them in also in New York, Connecticut, Virginia, and West Virginia). I have one and keep everything in there.

                          To be honest, this claims sounds like a guy who accidently drops money on the sidewalk, then sues the guy who grabs it.