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40ish and beyond... 40ish and beyond...

Woman lost lottery ticket, she threw away, got it back in court!!!

Posted by on May. 2, 2012 at 10:44 AM
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SEARCY, Ark. (AP) — 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.

[Related: Philly transit workers win $172M Powerball]

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.


planning a wedding


by on May. 2, 2012 at 10:44 AM
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Replies (1-7):
suzi960
by on May. 2, 2012 at 12:37 PM

wow lol....

gr8d8n3mom
by Bronze sister on May. 2, 2012 at 12:53 PM

I think it's the persons who picked it up out of the trash. You heard all the time when ppl go to  yard sales or estate sales, if ppl "find" treasures or documents worth lots of money it belongs to the person who bought it. The "seller" should be more careful.

Oh well , win some loose some! & ya can't take it with ya! LOL

MomsTaxiAndATM
by 40ish Angel on May. 2, 2012 at 12:58 PM

 

Quoting gr8d8n3mom:

I think it's the persons who picked it up out of the trash. You heard all the time when ppl go to  yard sales or estate sales, if ppl "find" treasures or documents worth lots of money it belongs to the person who bought it. The "seller" should be more careful.

Oh well , win some loose some! & ya can't take it with ya! LOL

 I have to agree although I cant even imagine being the woman who threw it away! If the lotto machine said not a winner though... hmm..... Maybe both woman should get a million :-) Yep.. (lol)

gr8d8n3mom
by Bronze sister on May. 2, 2012 at 1:07 PM
1 mom liked this


Quoting MomsTaxiAndATM:

 

Quoting gr8d8n3mom:

I think it's the persons who picked it up out of the trash. You heard all the time when ppl go to  yard sales or estate sales, if ppl "find" treasures or documents worth lots of money it belongs to the person who bought it. The "seller" should be more careful.

Oh well , win some loose some! & ya can't take it with ya! LOL

 I have to agree although I cant even imagine being the woman who threw it away! If the lotto machine said not a winner though... hmm..... Maybe both woman should get a million :-) Yep.. (lol)

Now that sounds fair! You should write to the judge!!(and lottery corporation as they had faulty epuipment)


planning a wedding


starlight1968
by 40ish hang out queen on May. 2, 2012 at 1:11 PM
1 mom liked this

 ok, I think that the lady that FOUND the ticket should get it...so dumb...

gr8d8n3mom
by Bronze sister on May. 2, 2012 at 1:13 PM


Quoting starlight1968:

 ok, I think that the lady that FOUND the ticket should get it...so dumb...

Oh I know! How many times have any of us seen lottery tix just laying on the ground or bunches of them in a trash can. come on!- So if the Juge is going to be this way, give each lady some money!


planning a wedding


Ferne
by Silver sister on May. 2, 2012 at 3:15 PM

Ok it says lottery records and store security video didnt synch up to the precise timeing of the purchase of the lottery ticket.  so how can the woman be so sure that it was her ticket that she threw out? It was a trash can filled with discarded tickets.   The woman who found it should get to keep the money. 

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