LITTLE ROCK, Ark. — An Arkansas judge on Thursday ordered a new trial to decide who can claim a $1 million scratch-off lottery ticket prize, a little more than three weeks after he ruled that a woman who said she bought the ticket but mistakenly discarded it was entitled to the money.
White County Circuit Judge Thomas Hughes ruled May 1 that Sharon Duncan should get the prize money, not two other women involved in the case. Hughes ordered the new trial in a one-paragraph ruling that did not elaborate on his reasoning.
"After reviewing the actions of counsel appearing in this case, the court file and the record, this court, as authorized by the Arkansas Rules of Civil Procedure, orders a new trial to be held on all claims in this case," Hughes said in the order. A call to Hughes' office was not immediately returned.
Duncan said she purchased the "Diamond Dazzler" ticket at a convenience store in Beebe, about 35 miles northeast of Little Rock. She said the store's electronic scanner indicated she was not a winner, so she discarded the ticket. Sharon Jones, another customer at the store, subsequently picked up the ticket and claimed the winnings for herself.
Winston Collier, Jones' attorney, said he was confused about the judge's reason for ordering a new trial but pleased with the result. Collier said he had planned on requesting a new trial on Friday.
"We're fighting curiosity," Collier said about the ruling. "We're tempering it with our elation that our client has no longer lost a million dollars. We feel really good about our chances moving forward."
Duncan said she discarded the ticket after an electronic scanner told her it was not a winner. The state's Lottery Commission has defended the machine and says its equipment functions properly. The store's manager and owner sued Jones, claiming she illegally took the ticket from the bin. Duncan joined the lawsuit after the judge determined she may be the true owner of the ticket.
I think both of these people would be better off if they privately agreed to split the prize money. By the time all these lawsuits and appeals are finished, there will be no prize left to award, because the lawyers will have it all.
Funny thing Todd, before reading your comment I was thinking exactly the same thing. Half a million, even after taxes, not really chump change.
At this juncture, I wonder If that is even an option?
Greed seems to be the common thread for why these lawsuits cannot be amicably settled.
I was thinking the same thing!
I had a feeling that the judges decision would be overturned but it came as a surprise that the original judge overturned his own decision.He must have got a lot of flack from the public on his original decision.
I agree. It would probably have been overturned on appeal (which lower court judges do not want to happen) so the judge "modified" his/her decision. I am sure the finder will get a share...maybe 1/3 or as much as 1/2.
Still not a bad days pay for a "trash picker".
I agree!
They must know by now that 1m isn't that much money in the larger scheme of things and with court fees, legal fees, darn just the gas alone going back and forth to court and the lawyers' offices will wipe them both out.
Greed is a serious cancer.
yep.
It would have been a bigger payday if the trash picker had kept
her mouth shut. That's the big lesson of this case. If you find a winner
be quiet, walk away, take it home and jump up and down and
scream there...and then wait a couple months to break the chain of
events and have memories and timelines fade. It may be hard
to contain yourself, but being sued out of your million
dollar ticket is a little harder, wouldn't you say?
I'm sure she has relived that scenario hundreds of times over in her dreams. Loose lips, sink ships.
"Duncan said she discarded the ticket after an electronic scanner told her it was not a winner. The state's Lottery Commission has defended the machine and says its equipment functions properly."
If the machine was working properly, Duncan didn't have the winning ticket and maybe why the judge ordered a new trial. Unless Duncan bought the only ticket sold in that store, she can't prove the ticket Jones found was hers. Duncan should have know if the ticket was a winner by looking at the ticket. It's a simple game; match one of your 8 number with one of 20 game numbers and win the prize listed below the number.
It looks like after the store owner and manager sued Jones for taking the ticket from their trash, Duncan decided to claim the discarded ticket was hers.
I think they have video footage of her buying the ticket. Or something. But I agree, especially if they didn't scan the ticket at time of purchase. I see clerks do this sometimes ... I buy it and they don't scan it they just hand it over.
I'm still perplexed the judge can just up and decide to re trial. I didn't think that was legal?
i would love to know how much money will be left when things are finished.
They'd probably be money ahead if the ruling stands and they did that but I still hope the lady who pulled it out of the garbage keeps it all.
They're just going on the other lady's word that it was her ticket and the scanner malfunctioned. They can't connect her with it with any evidence whatsoever outside of her word. Anybody could've made the same claim.
And I gotta feeling that's what's gonna happen - the picker's gonna get it all.
Good idea, i'd like to add that you should buy 5 or 10 tix of the same game,
so that you actually played the game, and thats where the winner came from,
not the trashcan.
Judges can reverse themselves but it more often occurs when a motion for reconsideration is filed. I am sure there were some motions filed by the losing side and I think (my guess) is the judge realized he dropped the ball on something factually. If the case was appealed and remanded back to him, that is a big slap to his career. So he must have messed up something big time and is trying to save his name.
She should hsve just cashed the ticket and not told anyone that dhe found it.if a ticket scanner says that a ticket is a loser and she trew it away she wouldnt have known it was a winner.they lady who bought the ticket deserves to get sued for her blatent stupidity for running her mouth and bragging.
Maybe another judge or someone from the lottery pointed out his mistake. Jones told the lottery how she got the ticket and they gave her the prize, but the store owner sued saying it was in their trash. The judge awarded the money to Duncan even though she said she discarded the ticket probably because Duncan and the store owner said the scanner malfunctioned.
It will be interesting how this one turns out.
Suppose the judge now rules its 50/50, wouldn't that set a precident on how to rule on 'found' tickets going forward?
Wouldn't that open the flood gates of folks stealing other folks winning tickets and later claiming they 'found' them... and are gladly willing to share 50/50?
You know, this whole incident has taken place for (1) reason, and (1) reason only...the amount of money involved. Man, if this was a ticket containing a prize of $20...even $50, there would be no debate because such a small amount "could be easily won again." People go through trash cans every single day, EVERYWHERE, and find tickets with overlooked prizes which they claim. This has become all POLITICAL and TECHNICAL now in terms of the trash can and its' contents belonging to the store. It's actually very sickening to me on many, many levels. What about the bums that go around to those same cans and dumpsters, WHICH BELONG TO THE STORES, and collect the cans along with other items they consider of value...even food? They collect these items and sell them them so they can eat right?
Well, it's still all the same basis by which this ticket is being approached. Do we see or hear about stores filing suite against these bums over cans, or, the left over partial hot dog they took and ate...which also belonged to someone else? Hell, bums find old tickets with maybe $2 on 'em as well...and claim them!! So, what's really going on here is a political battle over a player's "claim" that their ticket was scanned and the scanner lied so they threw the ticket away. Guess what? It's still her fault. She should've known from the start, AFTER CAREFULLY READING HOW TO PLAY THE GAME AND COMPARING ITS' CORRESPONDING PAYOUT STRUCTURES VERSUS WHAT NUMBERS SHE MATCHED.
I don't believe the scanner malfunctioned at all...she's trying to back track and pick up that cool million she tossed away after a very ATTENTIVE and SAVVY PLAYER came along, found the ticket and saw it's true value. God intentionally gave all of us eyes and a brain full of cells which are fully capable of comprehending such a simple ticket. She didn't use either one of her God given talents, which would've made her $1 million richer in this case. So, now we punish the trash diver that hones in and uses their brain to look for such tickets...because they know that these tickets are thrown away all day everyday by careless, lazy, and uninformed people.
Okay, tell the judge he needs to go out and round up all the bums that took discarded cans, hotdogs, and old tickets so he can rule over them as well. As one other poster mentioned which I also agree with, lose lips sink ships...she should've kept quiet and just claimed the money. Right now, she should be on a white sands beach sippin' on lots of Bahama Mamas while snackin' on exotic fruits with a very handsome waiter fanning her, and, at her beck and call.
L.L.
I make it a point now, to sift threw all garbage cans that I find with discarded lotto tickets. Since about a month ago , I've discovered about $60.
Nothin' to get overly excited about, but all it cost me was a few minutes of my time. My payoff will come someday, when I find my own $1 million
scratch ticket. My ticket will be signed (by me), my lips will be sealed, and the lottery commission will have it delivered to me with no fuss.
Well some things to think about here are....applying a reasonable person standard.
1.) Would a reasonable person have thrown away such a high value ticket...no.
2.) Was she negligent/or did she have an intent to abandon in throwing away the ticket? Probably not (unless the time period to claim had run). I doubt anyone plays not to win.
3.) is is possible the scanner misfunctioned? Yes.
But I am pulling for the finder as well. It kind of reminds me of situations when someone gets rid of something (a painting, etc.) and it turns out to be high value. In those cases (and usually where the ultimate owner is far removed from the orignal owner), it is usually finders keepers (unless there was some intent to deceive the owner or theft.)
Hey, good for you man...and congrats on your findings!!
You should be very excited!!! I'm a big believer in SEEK AND YE SHALL FIND and challeneged myself to salvage a few discarded tickets. So far, I've only found $5 but, as you've mentioned, all it costed me was TIME and EFFORT...100% profit. Hell, that ticket I cashed in bought me lunch that same day!!
I had lunch on someone else's carelessness...not my fault. See, it's the simple things in life that reward us most of the time but, most people are too proud to do such things.
That's why they make gloves, soap, and sanitizer!! mcginnis, there's lots of money out there just waiting to be found and your diligence will, in fact, pay off BIG one day. Even if it's not $1million, a $1000 find will pay some bills, feed you, and allow you to enjoy one hell of a HAPPY HOUR the next day!!
As a side note, I'm expecting to be contacted any minute now by the store where I found the $5 ticket. They'll want their cut of the $5 because I found it in their can!!
mcginnis, the clerk even saw me bring the ticket in from my car after I finished checkin' 'em...and proceeded to cash it for me. Know what he said? FINDERS KEEPERS!!!!
We don't live in a bad world, we live in a good world with a bunch of confused people.
L.L.
I can hunt, fish and grow things to feed myself and my family if I need to.
I'd be dammed before I lower myself to sift through somebody else's garbage and spit and puke and dirty diapers and condoms and who knows what else for anything.
I'd rather have my pride and dignity and self-respect as a man.
A very dignified response.
I respect that man.