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Who is right?

What does ML think?

http://news.yahoo.com/woman-lost-ark-lotto-ticket-entitled-1m-001711454.html

An Arkansas woman who cashed a $1 million lottery ticket may have to give up the winnings to a woman who threw away the ticket after she bought it, according to a judge's ruling Tuesday.

The judge decided that Sharon Duncan was entitled to the prize money, not Sharon Jones, who claimed the prize money after she took the ticket from a trash can of discarded lottery tickets at a convenience store in Beebe, a city about 40 miles northeast of Little Rock.

Jones' attorney, James Simpson, said he plans to appeal. Jones had testified that she already spent some of the money on a new truck and cash gifts to her children.

Simpson noted that Duncan testified she threw away the ticket after the read-out on a ticket scanner said, "Sorry. Not a winner." The attorney argued that people shouldn't be allowed to throw items away and then say, "'ooh, I want to un-abandon it.'"

"We'd have garage-sale law all over the place," he said. "It became trash when someone threw it away."

White County judge Thomas Hughes, however, said Jones never met the burden of proof that Duncan abandoned her right to claim $1 million.

"The $1 million was never found money," Hughes said.

Earlier Tuesday, Jones testified that she gathered a handful of discarded tickets from the trash can ? as she had done many times before ? and said there was no sign alerting customers not to take tickets.

That contradicted Super 1 Stop store manager Lisa Petriches' earlier testimony that she had taped a sign that read "Do not take" on the can. But a former store clerk testified that Petriches posted the sign only after Jones claimed the prize.

Petriches brought the lawsuit against Jones, and Duncan joined it after the judge said at a January hearing that she may be the true owner of the ticket. Hughes ruled that Petriches and the store's owner, Louie Dajani ? whose corporation, Summer One LLC, joined the suit ? weren't entitled to anything.

The judge instructed the winning side to write the judgment for his signature, and it will become official once Hughes signs it. Jones' attorneys will then have 30 days to file an appeal.

Hughes found that the evidence weighed in Duncan's favor that she bought the winning ticket, even though lottery records and store security video didn't synch up to the precise timing of the purchase.

Arkansas Lottery Security Chief Lance Huey testified that he investigated the circumstances of the ticket falling into Jones' hands. He said the lottery was satisfied with the investigation and awarded the prize.

Duncan's attorney, James "Red" Morgan, argued that she simply made a mistake by throwing away a $1 million ticket and that the only right she willingly parted with was to enter the ticket for the possibility of a secondary prize.

Always be yourself. Unless you suck.

Re: Who is right?

  • I don't understand how they can prove that she was the he who threw the ticket in the garbage if there is no video corroboration? Anyone could have claimed that. I think the money belonged with the person who turned it in. 

    I also don't understand what interest the store had in filing the suit middle they think it belonged to them bc it was their garbage? Wtf.  

  • PurrBoxPurrBox member
    First Anniversary
    Sounds like one big mess.
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  • Sharon Jones is in the right, and I can't believe anyone is agreeing with this Duncan woman.  Is she promising to give the judge and convenience store manager a cut or something?
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  • "Hughes found that the evidence weighed in Duncan's favor that she bought the winning ticket, even though lottery records and store security video didn't synch up to the precise timing of the purchase."

     

    huh? image  how on earth did this woman win?

    image
  • Anyone could claim that the threw away the winning ticket. The woman that found it and turned it in should be able to keep the money.
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  • if the woman wouldnt have taken it out of the trash, no one would have gotten the money. 

    my vote is for trash lady.  

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  • I vote for the garbage picker!  Finders keepers losers weepers!

    Or however it goes. lol

    Always be yourself. Unless you suck.
  • Sharon Jones. I thought you had to sign the back of a lottery ticket for it to be valid? Anyway, Duncan threw it away, there were no signs saying don't dig in our trash and Jones had taken tickets out of the trash before. It's Jones'.
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  • If Ms. Duncan prevails, she will have essentially won the lottery twice in a row. because...weak.
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  • imageQuesera:

    I don't understand how they can prove that she was the he who threw the ticket in the garbage if there is no video corroboration? Anyone could have claimed that. I think the money belonged with the person who turned it in. 

    I also don't understand what interest the store had in filing the suit middle they think it belonged to them bc it was their garbage? Wtf.  



    I was thinking all of this!
    People are bastard coated bastards with bastard filling.
  • Finders keepers.
    image

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  • The money belongs to the woman who found the ticket and turned it in.  Once you throw something away, it is no longer your property.  I get the trash can being on private property but come on, the store is suing?
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  • Whoever signed the ticket.  If the OG buyer never signed the ticket, she should have zero claim to winning it.  Plus, no real evidence she paid? Shady as hell.

     

     

    Left, Right
  • Lottery tickets are bearer instruments.  Throw it away, and it isn't yours anymore.
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  • i'm all law student giggly over the 4th amendment search implications of this decisions.
    kiss it, nest.
  • sonrisasonrisa member
    Ancient Membership Combo Breaker
    imageKit30:

    Simpson noted that Duncan testified she threw away the ticket after the read-out on a ticket scanner said, "Sorry. Not a winner." 

    This is where things get strange. I could see a suit against the store or the read-out scanner company for depriving her of the winnings. I don't see why she recovers from the subsequent winner unless she conspired with the store to defraud her (rigged the scanner for a bad read out, whatever). 
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