Tennessee Woman Sues Over "Test" Numbers


Tennessee Woman Sues Over "Test" Lottery Numbers

By PAT NEWCOMB - Huntsville Times
Friday, July 22, 2005

Kelly Davis says she suffered when told she had not won

Kelly Davis of Harvest knew exactly how she was going to spend the $90 million she thought she had won in the Tennessee Education Lottery.

"I'm paying bills off, taking care of my parents," Davis said Thursday, remembering her reaction when she thought she had the correct numbers to win the multistate Powerball drawing on April 21, 2004.

Her elation quickly turned to disappointment, however, when she called the lottery's Nashville offices on April 22 and was told that what she heard - the numbers 01, 02, 03, 04, 05 and Powerball number 06 with one winner - had been a test of the system. She hadn't heard the actual winning numbers and there was no Powerball winner that drawing.

But Davis said there was nothing on the recording to tell callers the system was in a test mode, and she's suing the lottery corporation.

"I just want them to step up to the plate and recognize they were negligent, (so) that the consumer calling in (can) know they're getting the right information," she said.

A Huntsville attorney, Clement J. Cartron, filed the lawsuit on Davis' behalf in circuit court in Davidson County (Nashville), Tenn., requesting a jury trial to determine damages for Davis' "short-term physical discomfort and temporary total psychological injury."

"I suffered," said Davis, 37. "I suffered."

Cartron said he is not representing Davis, but filed the claim this past April 21 so Davis' suit would not miss the one-year statute of limitations.

Davis said she is talking with a Tennessee attorney to represent her in the case.

Kym Gerlock, spokeswoman for the Tennessee Education Lottery, said she could not comment on the specifics of Davis' lawsuit.

She said the state participates in the Powerball drawing along with 29 jurisdictions, with the drawings taking place in Iowa every Wednesday and Saturday at 9:59 p.m.

"As soon as the numbers are verified, we post them on our voice mail systems and put them on our Web site," said Gerlock.

She could not say what was on the recording on April 21, 2004, when Davis made her call around midnight.

But in a letter to Susan McGowan, a Fayetteville, Tenn., lawyer who contacted the company for Davis, Andrew Morin, vice president of legal services for the Tennessee Education Lottery Corp., did address the recording Davis heard.

In the letter, dated July 29, 2004, Morin said the lottery company had recorded the "numbers 1-2-3-4-5 and the Powerball number of 6" to test the voice system before Tennessee's participation in the Powerball drawing.

In fact, Tennessee's first involvement in the Powerball drawing was that April 21, the date Davis bought her $1 ticket in Ardmore, Tenn. She chose a sequence of numbers she had used many times in other states where she has played the Powerball lottery.

When she called about midnight on April 21, Davis would not have been able to "access the winning numbers" from that night's drawing, said Morin.

He said no one can claim a lottery prize without presenting the original winning ticket for validation, and her ticket was not a winner.

All that is beside the point to Davis, who feels the Tennessee Lottery owes her money for the letdown she had when she found out she hadn't won the Powerball drawing.

She's not expecting $90 million, she said, but an apology won't be good enough.

"It's a disappointment you can't express," said Davis. "Total disappointment."


wow!!   wouldn't it be something though if she actually did get something out of all this.......


Sorry, folks; I wasn't trying to be creative with the blue text, but after three tries, I gave up trying to change it.

Anyway, I ran across this news story from last July, and I thought you might enjoy it. This should be an interesting thread...

powerplayer's avatar - Lottery-022.jpg

Well for one... this women needs to get a life and learn how to play PB. I would never rely on a voicemail with the winning numbers. I watch it on TV and then check the internet for the results. Even after doing all that if I thought I had the winning ticket I would then doulbe check the next day in the paper just to make sure.

Last but, not least anyone hearing the recording of 1,2,3,4,5,6 should know those are not the winning numbers. If I'm reading this right that is what she thought the numbers were.

I think this is another stupid lawsuit that someone is going to be able to rip off the states by useing the courts to decide and then the tax payers are going to have to feel it in the &*$&.

I had a ticket that night to and I thought I won also. Can I sue the PB states??

I get mad everytime I don't have the winning numbers on my ticket so I should be able to sue for my sorrorw right??...I don't think so..this women should not able to sue for this. It's like the mcy D's lawsuit for being fat from there food. I'm skinny. Can I sue mcy D's for being skinny and not gaining weight..umm well so far no lawyer will touch it.

What is America coming to??? Making up stories in any which way just so we can sue.

When you buy a ticket take the responsibility to look over your numbers and double and triple check if you feel your a winner.

This is just plain stupid and we should all sue her for doing this.

One last thing if she heard a recording ...usually recordings give the date of the winning numbers. Well if she called up after the drawing then she would have heard the winning numbers for xxx day are...I know one thing If I heard the numbes 1,2,3,4,5 PB 6 I would be very suspicious since the chances of this to come out has worst odds then hitting any other combination.

Common sense here people.....

Just my option ...



you got that right!!   what would this woman do if on the next drawing those numbers did come?   she would probably sue again claiming she forgot to play,lol.....

hypersoniq's avatar - binary

I hear she's gonna go celebrate the settlement with a nice hot cup of Starbucks coffe with a loose-fitting lid...Roll Eyes


LOL,and after that she will celebrate by going to mcdonalds and eating a few value meals which makes her gain weight in a short 24 hour period and she will then sue them for "excess weight gain in a short time span" which caused severe depression,lack of sleep,loss of coordination,poor posture,bad eyesight and sore gums!

fja's avatar - gnome1

LOL,and after that she will celebrate by going to mcdonalds and eating a few value meals which makes her gain weight in a short 24 hour period and she will then sue them for "excess weight gain in a short time span" which caused severe depression,lack of sleep,loss of coordination,poor posture,bad eyesight and sore gums!

Not to mention that the last burger she ate, had somebody's amputatded finger in it


No Pity! < I would send her an e-mail with this guy in it !

Tnplayer805's avatar - G 14_v78828750_Small.JPG

Dang... How many times is the TN lottery going to sued this year?  GEEZ!!!!!!!!  Get off their back. They are doing what they are supposed to be doing.  (Raising money for Education.)

four4me's avatar - gate1
I'm sure Tennessee lottery has a disclaimer that says they are not responsible for errors or omissions. And only the actual lottery drawing numbers that were drawn are legitimate for claming a prize. Regardless of the fact that a mistake was made on their part. A judge will throw this case out
Raven62's avatar - binary

"Kelly Davis" is exploiting the TN Lottery. She previously called the TN Lottery to get the winning numbers and previouly heard the same message (PB 01, 02, 03, 04, 05, 06) and decided to play those numbers and then when she called and heard the same message after the drawing she'd claim distress and seek compensation.



BINGO!!! We have a winner!!!

That's exactly my take on things, Raven 62. I've emailed them to make sure, but I suspect the MUSL uses 1 through 6 as their test numbers every night (no reply yet). This woman has engineered her own "suffering" by running out and buying a ticket using the numbers she heard the night before, and the night before that, for the sole purpose of extorting money from her state lottery. If a court of law can't see through this ruse, I'm going to start looking for property in Canada.

Frivolous lawsuits seem to have become a benchmark for the lower and middle classes; you're not anybody until you've sued somebody for something, no matter how ridiculous your claim might be. Obviously, we're not all like that, but even a small faction of one particular group can give the rest a bad name, and I think that's what's happening here. It's not entirely our fault, however; our lawmakers, judges and lawyers have been major contributors to these frauds by enabling, condoning and encouraging excessive litigation.

In my opinion, United States courts are quickly becoming a viable and tax-free alternative to playing the lottery. It's much easier to hit the jackpot by suing someone with deep pockets, especially when there's no chance of multiple winners. 

TopEnd of thread (1 page)

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