FORT LEE, N.J. — A Fort Lee, New Jersey, woman who says she thought fortune had smiled on her with a $250,000 winner in a 2009 Mega Millions drawing is suing WABC-TV for allegedly broadcasting the wrong winning numbers and leaving her devastated when she discovered she had won nothing.
Rakel Daniele is seeking $75,000 in damages from WABC-TV, American Broadcasting Co., the Walt Disney Co. and an unidentified "Jane Doe" in a lawsuit that was transferred to federal District Court in Newark last week from state Superior Court in Hackensack.
Daniele's lawyer, Evan Baker, did not return several calls on Thursday and Friday seeking comment.
James Altieri, the Florham Park attorney representing ABC and Disney, said it is "the company's policy not to comment on pending litigation."
According to Daniele's lawsuit, WABC-TV, the ABC network station in New York, broadcast the winning numbers 1, 2, 3, 4 and 5, with the mega ball 12, for the multistate Mega Millions lottery on June 19, 2009.
Daniele held a lottery ticket with the numbers 1, 2, 3, 4 and 5, with the mega ball 6, the lawsuit says.
Despite the fact that the numbers WABC-TV broadcast were wrong, the suit asserts, it compounded Daniele's alleged pain by "negligently, carelessly, recklessly and/or intentionally" rebroadcasting the erroneous numbers the next day.
The correct Mega Millions numbers for June 19, 2009, were 4, 9, 12, 16 and 46, with a mega ball of 44, according to the Mega Millions website.
Daniele was under the impression that she had won $250,000 as a result of the broadcast, the suit states, adding that she was "severely damaged" by relying on the "false and incorrect" lottery results.
The company should have known the numbers were incorrect, the suit states.
The broadcast and rebroadcast of the wrong Mega Millions numbers went "beyond all possible bounds of decency, and were atrocious, and utterly intolerable in a civilized community," it asserts.
Are u kidding me? Let's say it all together now: douche bag. She should be slapped for even bringing that s**t to a judge.
another frivolous lawsuit
I agree with you, she should be slapped twice!!!
Normally I would agree with the comments posted above.
But why would the TV station broadcast 1,2,3,4,5 ? Looks like someone at the TV station wanted to have some fun.
and shame on the lady for playing 1,2,3,4,5, MB 6. Could happen, but unlikely.
So, in the end she wouldn't have won anyways, and shame on the TV station for pulling such a prank.
In all likelyhood, what was broadcast was a 'template' with the numbers in those positions as 'place holders'..Makes for simple 'copy/paste' when putting the numbers in..Accidentally showed the template..so, the TV station had an 'oops' moment..This woman needs a boot up her ass...
A big boot. What she is really doing is to try to get them to offer her a "settlement" which she will gladly accept. Poor dummie.
Me thinks she was already Damaged before all this came about. You have to give her credit she knows how to count to 5. She is just a money grubber, and wants quick cash. If she wins this, watch how many more low lifes are going to try to pull this scam on the lottery for quick cash. It's a shame that everyone is out for a quick buck these days.
She should be sued for be "Stupid"...!!!!
Really!!!!!
"The broadcast and rebroadcast of the wrong Mega Millions numbers went "beyond all possible bounds of decency, and were atrocious, and utterly intolerable in a civilized community," it asserts."
If broadcasting the wrong numbers caused her pain and suffering, why wouldn't rebroadcasting the correct numbers over and over again cause pain and suffering to all the non-winner?
Just when you thought you saw it all.
If one could sue the TV stations every time they broadcast inaccurate "info" ...
She may have a case, though. Especially if it is true that they broadcast the wrong numbers AND she lost something or something happened to her as a result.
I'm not saying it's the right thing to do.
True that!!!!
ALso, the regulations require that the ticket holder get the ticket "validated". That is the Key to this lawsuit. The state will counter and remind her and the judge of this. Her case will be dismissed with NO compensation.
The newstation will receive a harsh reminder that broadcasting does require accuracy. They really should have done a retraction and a public announcement of the error to clarify things.
Our station that airs it had that same glitch, within ten minutes they aired the CORRECT numbers and made a public announcement that they are responsible to have their tickets validated thru the state lottery system.
Despite the fact that the numbers WABC-TV broadcast were wrong, the suit asserts, it compounded Daniele's alleged pain by "negligently, carelessly, recklessly and/or intentionally" rebroadcasting the erroneous numbers the next day.
The key to her lawsuit is the rebroadcasting of the wrong numbers again the following day!
Right, what other "news" has incorrectly been reported by journalists who refuse to double check information BEFORE reporting/broadcasting!
I am devastated that I did not win the PowerBall last nite!
They should have picked my numbers ............................................
.............................
I think all of you that say the lady is stupid for the lawsuit are JEALOUS!!! I think she SHOULD WIN the lawsuit!!!! The news stations should NEVER have broadcast the wrong numbers the first time, and DEFENITLY shouldn't have done it the next morning! If I was her, I would be going for $500,000 - My $250,000 that I should have won and $250,000 in damages by the station!!!
FACE IT... you all are just hating because it didn't happen to you... your JEALOUS!!! And anyone else that should have won... even for a $1 should be in on the lawsuit. Teach the TV station a lesson!
Oh and about her trying to get rich quick or looking for quick cash... obviously ALL OF US are in for the same if you play the lottery.
My validation would be the numbers matching what the TV station broadcasted. What if she had no other means to validate the ticket? That "ticket validation" crap is them trying to cover their own @ss.
Your KEY to the lawsuit is simple... the TV station is guity of NEGLIGENCE! The station failed to correct their error in any REASONABLE amount of time, and in the process caused her pain and suffering.
I hope the TV station owner has the balls to not settle with her
No other means of validating the tickets? Are you kidding me? How about calling the lottery winning numbers line? How about going on line? How about going to a retailer to have the ticket checked? How about checking the numbers in the newspaper?
The quality of the stupidity of some people is AMAZING!!!!
I've heard that combinations like 1-2-3-4-5-(6) are extremely common, and tens, hundreds, if not thousands of people (depending on geography and popularity of the game) play that kind of combination. If the judge did allow that suit to go through, he may set a precedence that results in many more people following 'suit' (pun intended) and trying to cash in on and easy court award.
She obviously had her ticket validated as worthless some where that was responsible for paying and validating lottery tickets, the radio station was never meant to be a validator of lottery tickets and I hope they sue her and her lawyer for the cost of defending themselves against such a scam.
How about the pain and suffering I suffer every time they announce the pick 3 number and I didn't have it? Or I do have it but on the opposite drawing?
If she had NO OTHER MEANS, this could possibly be not having a phone, or having a computer to go online, or maybe a car to get to the retailer. There are people out there that don't have these things. Either way, she was still under the impression she won.
Before you judge the stupidity of others... I suggest you judge your own.
Like I said before.... PURE JEALOUSY!!!!
If they announced YOUR numbers, and then they came back and said "oh sorry, we messed up. Those weren't the winning numbers, you really didn't win." I think you would be pretty pist off yourself. And probably be suing as well.
I feel sorry for you, I truely do. And I think that has happened to a few of us. Which is why I ALWAYS play the same numbers.
Just not having the right numbers is painful, but nobody caused you to believe that you had the winning ones... which is what this case is all about.
A SCAM??? She did nothing wrong! It was the station that is in the wrong...
And your right, she probably did eventually have it validated as worthless, but was still AFTER the station led her to believe that she was a winner.
I have watched the evening news and have seen the pick 3 and pick 4 numbers on the news crawler at the bottom of the screen and known they were wrong. How did I know? Because I had called the lottery winning numbers line earlier in the day. So yes, the station goofed. It does happen. However I DID NOT have any "pain" from it. (I was trying to be funny in my earlier post.) So this just proves once again what many other LP members have said before. Check your tickets yourself and sign the ticket, before giving it to anyone. In case of a large amount verify the numbers more than once.
yikes, mis prints happen in newspapers all the time, we are sorry, here is the correct info, now lets move on. she was not harmed in any way shape or form .
well, I think they will give her something since they did repeat it twice...to quiet her down.
She may get 5,000-50,000 for her grieve...I mean she did think she won, probaly started to make plans in her head what to do with the money etc..then the big diappointment.
For years lottery "experts" have said hundreds of people play 1-2-3-4-5 in every drawing so if she suffered pain so did all the other players.
You make it sound like the TV station deliberately repeated the wrong numbers just to stick to her. It was a simple mistake and there are certainly many other ways to verify actual results.
If they settle with her, all the other players with the same numbers will want some too.
Whoa, Whoa, Whoa, Whoa..., Now wait just a Good Darn Minute. All of you are approaching this from the stance and point-of-view of the pro-player, of someone who plays constantly and knows all the regulations and rules. So back the f... a bit from this lady that for all we know is less knowledgable and not as frequent a lottery player as the rest of us. She is an individual player not a corporate entity that should and will be held responsible according to law and regulation.
Think about it, if you went on a rollercoster ride and they announced that it was safe one day, and the next the other, from a legitimate sub-entity that is somehow affiliated or gains money by advertising such comments or statements... and you went on the ride when the rest of us knew it was unsafe, and nothing happened to you and you enjoyed the ride but later on realized you could have died...
THIS IS NO DIFFERENT.
But then some rollecoster know-it-all-bluff says well you should have noticed no one was on the ride... or you could tell the rigs were faulty, or this or that, tit-for-tat, absolute non-sense! If you are associated or affiliated with it, you are responsible. From the park designer/builder, to the theme park, to the persons allowing admittance to that particular ride. Just think about it. Get out of your stinking, staunch, putrid lottery-box, and start looking at things more realistically. Like Really.
Corporations and Television entities need accuracy and need to inform legitimately, if not for all the money spent on cable companies to sponsor good quaility programming with accurate content. The next day and still on with the same inaccurate statements is no excuse, and I do feel sorry for this uninformed woman if her life was upset, which it would be, if you legitimately thought you had won a large amount of money on a hope and a dream on the back of one dollar lottery slip turned-ticked-turned-out-winner-turned-out-to-be-false-worthless-piece-of-paper. The faster you people hold everyone ACCOUNTABLE FOR THEIR ACTIONS, no matter who they are, the sooner this country will get back on Her feet and back onto prosperity. Down with the can't-does, and won't does, - the incompetents in positions of leadership and power, and on to the deserving, the persevering, the hardworking, the willing, and the non-irrational or prejudiced competent working members of this society, who can actually contriubute something and do so with a smile, courteously, IN STRIDE, WITH QUALITY, AND WITH WHEREWITHAL! LONG LIVE MY FELLOW AMERICANS WHO SHARE THIS VISION OF THE ONCE-TRUE AMERICA AND ONCE QUALITY AMERICAN MENTALITY, CUSTOMS, AND STANDARDS. Who's with me?
<snip>! I think I will take part in this law suit too. I'm going to tell them I had the winning numbers and threw my ticket away because they
"negligently, carelessly, recklessly and/or intentionally" rebroadcasted the erroneous numbers the next day.
God I hate facetious, sarcastic comments, one day something along these lines may happen to you, and when you cry wolf, the wolf bit me or almost did, put him down, if they rest of Americans are as cynical as you are, they are going to sell you down the river of self-pity and ridicule. Get a grip and post accordingly, that is, IF YOU CAN.
BIG D*mn IF.
Perhaps the dentist that would have been putting all those new gold teef in her monkey mouth should consider suing also? And how about the local Cadillac dealer, not even going to mention all the crack dealers that lost major sales.
Matter of fact, I think I will sue........ I'm very traumatized by the sight of this nitwit jumping around in her living room down in the hood screaming at the top of her lungs; "Baby, oh baby, we done got rich, gonna be moving on up!"
sad innit.......
One day if something along these lines happens to me, I am going throw my ticket in the trash and get on with my day. It's people like you
that give idiots like this the money they don't deserve.
Can anyone describe the pain? Where does it hurt? The only pain she will feel is in her pocket book when her lawyer sends her his bill. Lets see, she bought a lottery ticket, the tv station announces the wrong numbers by mistake, she thought she won, but didn't. This warrants a law suit? Would you like to be sued every time you made a mistake? I think not.
What's with the racial stero-typing??
Some nigga step on your corns, or piss in your cornflakes to send you on a tangent or what?
Or did sista gurl, <if she is black> <we don't know>, turn you down now you're pissed??
What does race have to do with this?
Last time I checked there are dumbazz folks in all races, nationalities, and ages..
Now go marinade son...........wit yo purfek self.......
When I read the story my first thought was that people as stupid as her are exceedingly rare. I stand corrected.
This is the same thing that happens in Las Vegas.
A person wins on the penny slots that shows 1 million, but due to human error by not updating the machines for the true pay out of 50k....
So the real question is can you really sue over human error?
Plus any one of us that was in the same situation would have went NUTTS!!!! If it was your numbers that was drawn, I mean really who would have ran to
the Internet to check after you just saw it ran on tv?
Maybe after you " Do a little dance, make a little love, basically get down to night"...lol.
But I agree the number combo would have made me think again... (1-6) to good to be true.....
we don't need you here !!!!!
imagine if she would of quit her job really thinking she had won the jack pot
this should be posted on fml lol
You are a negative racist, guess life isn't going your way and that is why you wrote what you did, I would laugh if it was found out this silly lady is a member of your family, but we will never know that would we
Another victim on nothing !
Wow TexstarJim thats just wrong. Why are you so hateful to the woman? why do you assume she takes crack?
Anyways, I dont believe the New Jersey woman should get paid anything by the
TV Station if they caught the mistake soon after, corrected it and apologized.
Jim you're wrong man
After reflecting on this issue, and reading all relevant comments, I am still sure the lady deserves this money, if only to set an example to those in power. You are there as a privilege, as a courtesy to work for us. You need to do your job correctly and if you cannot, you must pay all definable fines and damages for any wrongdoing. Isn't this what the government does to us? You speed, you get ticketed. You steel, you get probation and it goes on your record, You do something really serious, even slandering someone and you are looking at high fines and possible that it can escalate into more lawsuits with more parties involved. Why can't the little guy, the little man have just the same rights that every other Big Guy Does. Why?
Little people make up this country and what it does, stands for, and has achieved. We need to be taken more seriously, and given the right dues, regulations, rights, and yes also rules. Our government doesn't own up to its mistakes but makes sures we do, even if its not filing a tax return, even though no law exists for it, get my point?
Therefore, no one wants to take responsibility, they just want to apologize time after time, and that is not right. We Americans deserve better than an apology, we deserve that people do the right thing, the proper thing, the first time, and the next time after that, the next time around too after the first.
Subsidizing is just for cowardly companies who don't want to assume responsibility for their work. That to me is mediocrity. We should not allow TV Stations to get a bit of money to broadcast the numbers, let the OFFICICAL COMPANY do it, that way they can't say it wasn't my fault, it was a third parties fault. cowardice. I see righ through it, and you should too. Supoort small businesses by the way. They end up helping and giving back more to your local communities, schools, and local life than all the rest of the other cowards that just export the jobs to pay those poor souls working for them oversees in deplorable conditions sometimes, destestable wages. I urge you, buy domestic. And know who you elect into office.
Lady, if that TV station doesn't give you your money, sue the organization that allows them to televise the numbers, and their upper management too for not having proper auditing procedures in place, and maybe the cable company too for including such shoddy stations in their network, or not providing time slots for correcting mistakes that should not even happen in the first place. With all the money spent everywhere on these things, and the need for good accurate information, there is absolutely no excuse. Make them pay up. You deserve it, and it will set an example that everyone needs to careful that they do their job right. Work and do it right, or shut up and pay up. It's only fair.
And that goes for Everybody. America didn't get to where She was and Could still go, by peopl half a$$ing it, God I hate lazy Americans now who take everything for granted. DO IT RIGHT PEOPLE. DO IT RIGHT, OR DON'T CALL YOURSELF AMERICAN.
I've said it before......the human spirirt is looking to terraform mars..yet we haven't the technology to broadcast the correct lottery numbers...
..of course I agree she is being a complete krotchwaffle about it...Had she gone faint or a sudden provable heart ailment from the exitment of thinking she had won then she could've sued the balls off of them i'm sure
I am wondering what the case is based on. What does the attorney have to present that was not kicked out in the lower level courts. The story stated that WABC-TV, American Broadcasting Co., the Walt Disney Co. and an unidentified "Jane Doe" are being sued. Who is the "Jane Doe" and why is she part of the suit?
My heart goes out to this woman but...............
Maybe there is some meat in this story that was ommitted...........
Maybe this is a case of pure greed once again rearing it's ugly head.
I could understand if the official site posted the wrong numbers then came back and changed them.
I could understand if the lottery terminals validated her ticket as a winner and then the ticket was rejected when she went to cash it in.
I could understand if the lottery terminals printed the wrong numbers on the results slips.
But I am in the dark grasping at wisps of thread with this story.
I am curious to see how this story plays out in the courts.
I'd love to see this case on Judge Judy. Rakel Daniele will be pleading with crocodile tears. Judge Judy will throw the book at her.
LOL, Karma ,even if some idiot jury gave her the money, the lawyer will get a third .If she really didn't deserve it ,fate will find a way to take it.
Until you study LAW and the definition of Negligence and what provisions must be met to meet ALL conditions directly in this case, you are best off to stick with an opinion and not deem it negligence. I assure you this case has not met ALL the criteria necessary by legal standards: Duty, Breech of Duty, Cause, Damages. Its harder then folks think and many a case has been lost becuase one of those elements could not be met.
KFloyd, I second your perspective of some of the commentary.
no,, she should be labeled as Stupid by the gorvernment and then have to pay DOUBLE in taxes for the next 3 years, to us back for wasitng the courts time.
Actualy, I was only thinking about the original poster, since they wer so vehement about it. I do find it hard to believe that others also think she's got a case, or even a legitimate complaint.
Maybe I'll sue the station for being wrong about the weather. After all, I made plans to go out an enjoy the nice day they promised, so surely I'm entitled to compensation, right?
i don't agree with this. she don't have case. really ! think about it. if that the case i could sue for a lot of things.
yes correct. And sadly folks have sued for the most ludicrious things thinking they will be able to retire from the awarded amount. The reality is this particular allegation holds little merit to make its way to an award, unless its a WARD in a mental place. :)
This is a simple lesson, validation thru the proper protocal is the only way a ticket can be claimed a winner. Dont play if you dont know the rules. ANd if you know the rules then play on :) Ignorance is no excuse.
Upon reading these posts I was so shocked that I recoiled in horror.
I think I hurt my neck.
Permanently.
Anybody know a good lawyer?
I'll check back later.
I'm going out for a neck brace and a walker.
Thanks ever so much.
I was thumbing thru the yellow pages to help you find a lawyer and I cut my finger, weeeeelllllll
you guessed it ! the lawyer is for me now.
I am afraid she is not going to get a single penny.
Could you Imagine if she won. 1 Million People with lottery tickets waiting for the T.V station to Draw incorrect numbers. So they can sue them for the Prize.
The Odds of a TV Station broadcasting worng numbers by error are Much better than actually Hitting the Lottery. So Buy one ticket watch the broadcast and pray that something goes wrong. LOL
What a Joke.