Judge orders new trial in Arkansas lottery ticket suit

Comment #102

KY Floyd — Fri, 01 Jun 2012 05:27:19 GMT

We're not talking about a particular ticket anymore. We're talking about what a bearer instrument is. You said that the ticket legally belongs to the person in possession of it , which isn't true. That's why I told you to reread the first part of your 3rd definition. Do you think a clerk who lies about a ticket's value legally owns the ticket once they gain possession of it?

As for the current case that should also tell you something, since the judge didn't hold a 30 second trial and then awa... [ More ]

Comment #101

Lucky Loser — Thu, 31 May 2012 18:06:50 GMT

Yeah, this is pretty much a fail on your part as well because it's already happened, and, is an active topic here on LP. If you review my posts, you'll see where I wasn't biased one way or the other and found fault with both parties involved as any reasonable person should. First, the clerk/store was dead wrong for lying about the value of ticket and then trying to cash in on it. If this isn't FRAUD, it was very close to it.

Secondly, I faulted the customer, as well, for not excercising their... [ More ]

Comment #100

KY Floyd — Thu, 31 May 2012 04:24:22 GMT

This means that the ticket legally belongs to the person in possession of it (that is, the one who bears it) irrespective of whether or not that person actually bought it.

Then I trust we'll never hear you complaining when a clerk tells somebody their ticket won $3 and later turns it in to claim the big prize it really won. As an alternative you could reread the 1st sentence of the 3rd definition you posted.

Comment #99

Lucky Loser — Thu, 31 May 2012 02:15:33 GMT

Stack, let's focus on your last paragraph.The first sentence is what this entire case should be based solely on...BEARER INSTRUMENT. The third sentence shows how they executed hind sight action in lieu of the clause which they had already honered in the first sentence. Sentence two describes how the store owner seemed to care less about the bums and looters that certainly raided the dumpster before now. But, with a $1M ticket up for grabs......

Okay, I'm gonna put up a NO TRESSPASSING sign o... [ More ]

Comment #98

Lucky Loser — Thu, 31 May 2012 01:44:11 GMT

1) It's completely her fault for failing to follow through on scratching and validating a win/no win ticket of any amount.

2) The trash lady is simply savvy with scratch tickets and understands that people are so careless in this apsect which is why she said MANY THAT SHE FINDS ARE WINNERS NOT COMPLETELY SCRATCHED OFF...SHE'S WON MANY TIMES PRIOR TO THIS AND NO DISPUTE TOOK PLACE.

3) The store owner's A** END CLAIM OF WINNINGS FROM A TICKET THEY KNEW NOTHING ABOUT IS A COMPLETE CLUSTER F... [ More ]

Comment #97

Stack47 — Wed, 30 May 2012 12:42:10 GMT

The lottery commision has stated the machines were working and worked for all the tickets before and after her ticket...therefore she must not have scratched off the ticket completely. When interviewed on today show and asked she said she did not know

We've already come to the conclusion that Duncan isn't the sharpest knife in the drawer and we're talking about a $20 scratch-off ticket with a playing area that clearly shows whether the ticket won or not. I provided a link that shows the game... [ More ]

Comment #96

mcginnin56 — Wed, 30 May 2012 10:42:12 GMT

Excellent summary of events slayyer!

Or perhaps good fodder for a comedy/drama, entitled 'Whose Money Is It Now

Comment #95

slayyer — Wed, 30 May 2012 07:04:33 GMT

The lottery commision has stated the machines were working and worked for all the tickets before and after her ticket...therefore she must not have scratched off the ticket completely. When interviewed on today show and asked she said she did not know

if she scratched off enough for it to scan. The trash lady said she scratches off all the tickets completely and many that she finds that are winners were not scratched off completely.

So based on this and the news story and interviews

Comment #94

Lucky Loser — Wed, 30 May 2012 01:32:20 GMT

I'll say it again...this time in lotto lingo:

Bearer Instruments

National Lottery

Lottery Information

Bearer Instruments - Lottery tickets

Lottery tickets in most countries, if not all, are classified as bearer instruments . This means that the ticket legally belongs to the person in possession of it (that is, the one who bears it) irrespective of whether or not that person actually bought it.

The implications of this fact should not be underestimated. If you bu... [ More ]

Comment #93

Lucky Loser — Wed, 30 May 2012 01:13:02 GMT

Wow. Well, excuse the hell out of me, Sir...for imposing on your intelligence. I figured these (3) definitions were pretty self explanatory:

1)

What is bearer instrument? definition and meaning

www.businessdictionary.com/definition/bearer-instrument.html

Definition of bearer instrument: Negotiable instrument payable to its holder, on demand or presentment, regardless of to whom it was issued originally.

2)

Bearer Instrument Law Legal Definition

definitions.uslegal.... [ More ]

Comment #92

Stack47 — Tue, 29 May 2012 12:42:48 GMT

Jones could have bought the ticket in a vending machine or from the clerk, but the only way they could know where Jones got the ticket is from what she said. There is a reason stores put trash dumpster as far away from the store as they can and if Jones said she got the ticket out of the dumpster, she was bragging.

Since the footage was viewed after the check was issued, there was no reason for Jones to say anything.

Comment #91

KY Floyd — Tue, 29 May 2012 05:13:55 GMT

You need to learn what a bearer instrument really is. Simply being in possession of a bearer instrument and owning in aren't the same thing.

Comment #90

KY Floyd — Tue, 29 May 2012 05:12:28 GMT

The point is that Jones wasn't bragging about it. The lottery's knowledge of how she got the ticket appears to be a result of the investigation that happened after she got the check.

Comment #89

Stack47 — Tue, 29 May 2012 00:01:19 GMT

The lottery issued the check to Jones so by their rules and regulations, she was the winner. The store owner and manager sued Jones claiming the ticket belonged to the store because it was found in their dumpster. The odd part of the judge's ruling was he awarded the money to Duncan who couldn't prove anything other than she bought a lottery ticket the scanner said was not a winner .

Comment #88

Lucky Loser — Mon, 28 May 2012 14:44:06 GMT

Stack, it may have had something to do with the ticket's batch number. When the rolls of tickets are dispersed they're more or less registered to the store and can be tracked in terms of numerical sequence. However, in supporting your statement, how can they know that the ticket found was the same one tossed by Mrs.Duncan? It could've been anyone for, that matter, who threw away the ticket in question. All they really know is that the ticket was registered to that location.

Maybe they're gonn... [ More ]

Comment #87

Stack47 — Mon, 28 May 2012 13:40:02 GMT

After the check was issued is too late to prove any of the tickets Jones found in the trash bin was the one she cashed unless Jones said it was.

Comment #86

KY Floyd — Mon, 28 May 2012 05:31:57 GMT

Jones did find something valuable doing something the majority of us wouldn't consider doing and hadn't she bragged about it, she could be spending the money as we speak.

Except that she didn't brag about it. It seems that she simply claimed the prize. Here's what it says in the original article from January:

After the check was issued, the lottery commission began the process of confirming all winning tickets and in the course of the investigation, surveillance footage showed Jones grabb... [ More ]

Comment #85

rdgrnr — Mon, 28 May 2012 01:45:09 GMT

Three things, briefly:

There is no evidence the scanner didn't work. Just her word.

There is no evidence that she even used the scanner. Just her word.

There is no evidence that she ever had or bought that particular ticket. They can not connect her with it by video or any other means. All they have is her word.

Now, maybe she did buy one of those tickets that day and maybe she did scan it and maybe it did say it wasn't a winner - but that doesn't mean it was that same ticket.... [ More ]

Comment #84

Lucky Loser — Mon, 28 May 2012 01:24:25 GMT

It's hard to believe that this post and the one mcginnis56 made prior to mine regarding his $60 findings caused this topic to take such a bad turn. This was never the intent, and, it was really taken too seriously and blown way out of proportion. We all know that trash cans, dumpsters, bins, etc. are waste points and are dirty. I don't remember any of us claiming to go dumpster diving, house to house, or anything like that for tickets.

We were focusing on the typical cans located inside or ju... [ More ]

Comment #83

Stack47 — Mon, 28 May 2012 00:27:24 GMT

The store's manager and owner sued Jones, claiming she illegally took the ticket from the bin

Well, for a $1 million hell yea I'd sift through a garbage can.

Big difference between sifting through a waste basket or garbage can and a dumpster. And with thousands of lottery retailers in each state, good luck guessing in which dumpster you find a discarded $1 million, $1000, or even a Free ticket.

Pride and dignity don't pay the bills, or put food on the table.

While you're guessin... [ More ]

Comment #82

NoShame — Sun, 27 May 2012 21:34:54 GMT

I know it's too late to consider it but what if all this time, everyone was arguing over a ticket that was a misprint? It would explain why the scanner didn't read it a winner if done honestly.

Comment #81

rdgrnr — Sun, 27 May 2012 19:01:58 GMT

I think that's the most plausible theory.

The person who threw that ticket in the garbage probably isn't even involved in the controversy now.

Comment #80

Lucky Loser — Sun, 27 May 2012 18:25:01 GMT

So, how appropriate would this headline be for the topic in question:

LADY FINDS TREASURE IN SOMEONE ELSE'S TRASH

Kinda follows suite with that old cliche, right? Just a thought...

L.L.

Comment #79

Lucky Loser — Sun, 27 May 2012 16:53:37 GMT

Now, we're gettin' somewhere! If I'm accurately understanding your post, you support that this is mostly geared up due to the amount of money involved. Better yet, your scenario of the original ticket bearer returning and retrieving the ticket and then claiming it as their own is a good point! Hey, according to all the latest rage, it became the store's property after it was discarded. But, the store clerk didn't know a winning ticket was in their trash can and it would've went completely unknow... [ More ]

Comment #78

rdgrnr — Sun, 27 May 2012 16:46:31 GMT

Whoops, forgot about this one!

Guess I better address it so you don't say I pick and choose my battles , the easier ones as you say.

Alrighty then...

Yeah, I am from Texas and I was born and raised here.

Highly doubtful unless it was in some gated enclave in the suburbs of Dallas or Austin.

You're just too prissy to be a real Texan. You know what I'm talkin' about.

This post was merely being sarchastic and havin' a little fun with the buckshots, elk, hills, etc, et... [ More ]

Comment #77

Lucky Loser — Sun, 27 May 2012 16:38:40 GMT

Thanks for your input and clarifying yourself, ridge. Take it easy, okay.

L.L.

Comment #76

PoeticJustice32 — Sun, 27 May 2012 16:27:01 GMT

Well, for a $1 million hell yea I'd sift through a garbage can. Right now, I'd probably do it for $1000 to be honest. I usually pick up scratchers and tickets off the ground (people around here don't seem to use the trash can as much I guess).

Pride and dignity don't pay the bills, or put food on the table. IMO, it takes a real man/woman to do whatever it takes to make sure their family is taken care of. Whether that be picking up trash, or cleaning toilets or any other job that people seem t... [ More ]

Comment #75

rdgrnr — Sun, 27 May 2012 15:54:58 GMT

Is this the post you said I avoided, the one where you're whining to Max about me, Lucky Loser?

Wait a minute, I'm tired of typing that long-ass name. Is it okay if I just call you Loser to save time? Thanks ever so much.

I don't see the point but if you insist...

...this whole deal revolves around getting lucky with finding valuable discarded tickets in not so dirty disposal cans.

Who said anything about not so dirty disposal cans ? I never said not so dirty . I used te... [ More ]

Comment #74

Stack47 — Sun, 27 May 2012 15:01:51 GMT

http://myarkansaslottery.com/games/1000000-diamond-dazzler-game-no-087

There is a row of winning numbers and a row of your numbers and two of the numbers matched and the prize under the number was $1 million . The ticket showed it was a winner regardless what the clerk said and Duncan was only 35 miles from the claims center in Little Rock. Duncan probably bought and scanned a losing ticket, but I don't believed she discarded the winning ticket unless she is abnormally stupid.

Comment #73

mcginnin56 — Sun, 27 May 2012 14:48:04 GMT

Good material for the next episode of CSI, but we ALSO need a murder to take place. Any hit men on this site

Comment #72

Lucky Loser — Sun, 27 May 2012 14:43:57 GMT

I'm with you on everything here and there are places I refuse to check for tickets...I do have limitations. Your very last sentence is TOPS!

L.L.

Comment #71

Lucky Loser — Sun, 27 May 2012 14:39:50 GMT

Yep, treat it just like a crime scene and go back to where everything initially took place. Pull the surveillance tape if there's one on file for that date and ckeck the footage so see if Mrs. Duncan scanned her ticket. If she did, then zoom in on the scanner to see what it displayed if possible. If she didn't scan it, then we have a case of clear misinterpretation on the player's part and it's her own fault.

L.L.

Comment #70

Stack47 — Sun, 27 May 2012 14:20:17 GMT

I'm pretty sure anyone reading the first article thought about dumpster diving, but I would have to wear a hazmat suit to go into go into the bins I saw. Lots of stores have areas where players scratch tickets and throw the losing tickets into waste baskets, but who knows what else they throw or spit into those baskets. And those waste baskets are still inside the store where the finders keepers rule doesn't apply.

Jones did find something valuable doing something the majority of us wouldn't... [ More ]

Comment #69

mcginnin56 — Sun, 27 May 2012 14:14:08 GMT

Excellent suggestion L.L.

I also have my doubts if the ticket was ever actually scanned to begin with. In either case, your idea makes a lot of sense.

Hopefully the judge in this case is reading this post as we speak.

Comment #68

Lucky Loser — Sun, 27 May 2012 13:37:19 GMT

As a side note regarding the scanner, I think they should go back to the same store with the winning ticket and scan it again. If it scanned as a no winner the first time, it should still do it now as the ticket bar code should still be consistent. For that matter, try scanning it on several.

L.L.

Comment #67

pick4master — Sun, 27 May 2012 13:26:34 GMT

Sue the scanner...it said, not a winner ..unless we have another case of a crooked clerk.

Comment #66

Lucky Loser — Sun, 27 May 2012 13:14:18 GMT

These are very, very good points you've made. The third sentence in your paragraph is where the judge should focus his questioning on this case. I say this because of the one point I've already established which is this: She said she scanned the ticket and the scanner diplayed a no winner obviously. But, she FIRST had an OPPORTUNITY and RESPONSIBILITY to READ and PROPERLY UNDERSTAND how to PLAY and WIN on this particular game.

Had she done all these things, in the order listed, she woud've cl... [ More ]

Comment #65

KY Floyd — Sun, 27 May 2012 07:26:47 GMT

1. A reasonable person wouldn't throw away a ticket that they know to be that valuable, but reasonable people throw away what they believe are losing tickets all the time.

2. It seems clear that she intended to abandon the ticket, but only because she thought it wasn't a winner.

3. I'm guessing operator error is more likely, but I don't think it matters since I think it's clear that she thought the ticket wasn't a winner.

If she had accidentally thrown the ticket in the garbage while th... [ More ]

Comment #64

KY Floyd — Sun, 27 May 2012 07:19:47 GMT

There may be some legitimate question as to who is the rightful owner of the ticket, but it's certain that it isn't owned by more than one person. The people involved in the lawsuit may settle it 50/50 or some other split, and the judge may encourage them to reach a compromise, but he's extremely unlikely to rule that the ticket's history has somehow resulted in shared ownership.

Comment #63

Lucky Loser — Sun, 27 May 2012 04:58:33 GMT

Comment #62

rdgrnr — Sun, 27 May 2012 03:23:01 GMT

Could I ignore you later?

I'm a little busy right now.

Comment #61

Lucky Loser — Sun, 27 May 2012 03:14:45 GMT

Okay, let's talk ridge...we should. Yeah, I am from Texas and I was born and raised here. This post was merely being sarchastic and havin' a little fun with the buckshots, elk, hills, etc, etc. I'd like to know one thing...just how does a Texan sound on a forum? I mean, you're reading my dialogues which are pretty straight forward with simple words...easy to understand. Does a Texan write a certain way on forums or what? Really, tell me what characteristics a true Texan possesses on a forum. How... [ More ]

Comment #60

rdgrnr — Sun, 27 May 2012 01:28:47 GMT

Buckshots? Hmmm... You've never been around guns, have ya boy? Buckshots, LOL.

Ya know, Lucky Loser, I've spent time in Texas and I have a brother that lives there and I know a few ol' boys born and raised in Texas. Good ol' boys.

And you don't sound or act like anybody that's in or from Texas.

And if you were a real Texan and you had something to say to me, you'd say it to me and not play childish rhetorical games while purportedly addressing somebody else.

You'd act like a man.... [ More ]

Comment #59

Lucky Loser — Sun, 27 May 2012 00:33:46 GMT

On top of all this, just how far fetched is the possibility of a man finding a big ticket and fixing some financial problems? The lady in question did exactly the same thing only the circumstances were different. I'm 99.99% sure she was going to fix some financial issues and eat off of that money along with probably helping some people close to her. What else do you do with money?

Maybe I should be out with my shotgun way up thar in them thar hills 'a lookin' fer the big elk that ate the mil... [ More ]

Comment #58

maximumfun — Sun, 27 May 2012 00:23:49 GMT

LL - ok lottery-wise response. just as i stick to my budget and wouldnt go beyond it to spend more than what i have planned (as it would take money from other non-lottery portions of my budget e.g. food, utilities, etc.) there are other 'no-go' areas.

For me, digging around/sorting through what ever kind of verbiage you choose to use, of going through a discard pile (aka trash) is a 'no-go'. If the recycle bin we are talking about is the one at my HOME or the one at MY office, then yes, I wo... [ More ]

Comment #57

Lucky Loser — Sun, 27 May 2012 00:09:41 GMT

max, I'm glad you got the point here and there's absolutely no harm in your previous response. However, this whole deal revolves around getting lucky with finding valuable discarded tickets in not so dirty disposal cans. I was merely describing how this could possibly be very adventurous, and, financially prospering for a certain type of individual that enjoys all things lottery. No, it's not the cleanest thing for anyone to be doing but, it wasn't about the clean factor. It was about money bein... [ More ]

Comment #56

rdgrnr — Sat, 26 May 2012 22:00:03 GMT

You bore me with your banal, insipid, effeminate, happy-chat, McDoofus.

Save it for someone who might like your style of meaningless fluff, ok?

Did you not notice that I was ignoring you or are you that obnoxious?

Seriously dude, no hard feelings, just go stalk somebody else, you creep me out.

Comment #55

mcginnin56 — Sat, 26 May 2012 20:45:04 GMT

You are so on the money Artist! Nothin' against the hoarders, but their lifestyle would not be at all conducive, to raising an animal with humane

care and love.

Comment #54

Artist77 — Sat, 26 May 2012 19:17:25 GMT

Hey now I have two kitties (including one adopted from a hoarder home) and my house is very, very clean (and I clean it myself and work two jobs).

The kitty from an animal hoarder home took a year to adjust since she was not used to rules, a schedule and a clean home.

Those hoarders should not have any animals.

Comment #53

maximumfun — Sat, 26 May 2012 19:15:19 GMT

now mcginnin... you mock me! lol - well good for you. i read through my 'contributions' and they are a FAR cry from valuable. you did make me laugh though and that is always a good thing (while i plan my LOTTERY STRATEGIES FOR TONIGHTS POWERBALL DRAWING)

and they said you can't teach an ol' dog new tricks. (YES I MIGHT GO OUT AND PURCHASE A QUICK-PICK FOR POWERBALL TONIGHT) - and yes i needed to yell at myself cuz i dont listen all that often to my drivel (driv el/'driv?l/ - Noun: Silly nons... [ More ]

Comment #52

mcginnin56 — Sat, 26 May 2012 18:56:41 GMT

Don't be so hard on yourself max, the thread is growing exponentially, due on large part to your valuable contributions.

Comment #51

maximumfun — Sat, 26 May 2012 18:50:03 GMT

oops... neither did my post or responses. Sorry to have derailed the thread further. (LOTTERY post... i must keep reminding myself... LOTTERY post... got it

Comment #50

mcginnin56 — Sat, 26 May 2012 18:42:38 GMT

Whew! A very time consuming post, to explain your garbage views. As usual, this has nothin' to do with this thread, forum or topic whatsoever.

Had this been a post from sully, CD, max or any other of your bud's, we wouldn't even be having this pleasant chat.

Comment #49

maximumfun — Sat, 26 May 2012 18:34:03 GMT

I've been down and I've been stone broke. We have lived on cans of soup and cereal (with water) for weeks on end. Never did we go on public aide nor did we root around in trash or garbage. The lessons we learned from 'living lean' were to make our choices matter and that every choice makes a difference. EVERY CHOICE makes a difference. Trash was not one of 'our' choices.

That's not to say that others can't make different choices. Those are just the choices my family makes.... [ More ]

Comment #48

rdgrnr — Sat, 26 May 2012 18:04:12 GMT

I think of it as more of an adventure...

Now see, there's the dichotomy between you and me. When I think of adventure, I think of hunting bear or elk in the mountains - you think of groveling around in somebody's garbage. Sorry, but I just can't relate to that.

And your scenario of a man losing his job and needing to feed his family is just a wee bit silly, isn't it?

I mean really, what kind of man, faced with that prospect, is gonna say to his wife: Well honey, I know you and the kids... [ More ]

Comment #47

mcginnin56 — Sat, 26 May 2012 17:15:31 GMT

Seems like when your running out of anything sensible to say, you resort to calling male posters feminine . In many ways, that is a compliment.

Women are beautiful, intelligent, and and very resourceful when it comes to achieving their goals in life. You need to continue to call all of us male

posters feminine . This is the highest compliment you could ever give to any one of us. Women YOU ROCK

Comment #46

Lucky Loser — Sat, 26 May 2012 17:03:38 GMT

Sorry 'bout the typo...I'm not perfect. I never knew that checking discarded tickets, out of a trash can, was a form of lowering my pride, ridge. I think of it as more of an adventure with the high possibility of a reward...kinda like the lady we're talkin' about.

So, let's examine this. A man has lost his job, and is doing everything he can to take care of his family. He heard about such possibilities of finding valuable tickets and gives it a shot in the dark, okay. This same man discovers... [ More ]

Comment #45

mcginnin56 — Sat, 26 May 2012 16:50:01 GMT

Yup, your a definite shoe-in for a garbage industry endorsed, presidential candidate! Can I be on your election committee? I promise to be your

biggest cheer leader.

Comment #44

rdgrnr — Sat, 26 May 2012 16:44:15 GMT

I can't speak for women any better than you can.

And you can't.

Or maybe you got one of them feminine sides the libs talk about all the time.

I know Max knows what I'm talkin' about though.

She won't get down and root around in garbage either.

Comment #43

mcginnin56 — Sat, 26 May 2012 16:36:33 GMT

Your so passionate about garbage, very admirable. Perhaps this could be your winning platform in running for president in 16

Comment #42

rdgrnr — Sat, 26 May 2012 16:32:03 GMT

IT JUST NOW BECAME ALL NASTY AND DISGUSTING...AS OPPOSED TO BEFORE NOW...

It became all nasty and disgusting to me when the providers, the breadwinners, the patriarchs of their respective families began revelling about their exploits and endeavors in groveling around in other people's garbage and waste.

This is no recent groundbreaking revelation, you either have pride and dignity as a man or you don't.

In my family, men don't grovel around in other people's garbage for any reason.... [ More ]

Comment #41

Lucky Loser — Sat, 26 May 2012 16:20:32 GMT

I see what you're tryin' to say ridge but, pride doesn't have a gender. Both men and women were put here with various levels of pride. What one man or woman won't do, another will and it's usually based on needs, desperation, desires, hobby, etc. etc. There's nothing wrong with your level of pride as it's very admirable but, don't NOW knock the idea of goin' through trash for winning tickets. Know what I mean? If my memory serves, along with re-searching this topic on LP, you said nothing before... [ More ]

Comment #40

mcginnin56 — Sat, 26 May 2012 16:14:46 GMT

Wow. Not a very flattering commentary on our womenfolk. Watch out for those cat ladies

Comment #39

Lucky Loser — Sat, 26 May 2012 16:12:39 GMT

Oh, I understand exactly where YOU'RE coming from, STACK...and have no issues with it at all. My thing is that since the inception of discussing how a couple of us have since found tickets with prizes, IT JUST NOW BECAME ALL NASTY AND DISGUSTING...AS OPPOSED TO BEFORE NOW when the topic was originally posted. Feel me now? I'm just trying to keep it clean so it doesn't get out of hand.

If it's all nasty and disgusting now, as it's been said, it should've been so when this topic first came abo... [ More ]

Comment #38

mcginnin56 — Sat, 26 May 2012 16:07:22 GMT

That's what Teflon was invented for.

Comment #37

rdgrnr — Sat, 26 May 2012 16:07:10 GMT

It's nice to hear from a lady who knows the meaning of pride, dignity and self-respect.

Comment #36

maximumfun — Sat, 26 May 2012 16:04:20 GMT

no. that kind of stank sticks.

Comment #35

mcginnin56 — Sat, 26 May 2012 16:02:01 GMT

Agreed, but having said that, a million dollar ticket would probably take away some of that indignity

Comment #34

rdgrnr — Sat, 26 May 2012 16:01:17 GMT

I wonder, now, why this comment wasn't made about the lady in question who found her $1 MIL ticket in a trash can full of nasty stuff

Women are a whole different story.

There's no accounting for every cat-lady who's got garbage piled six feet high in her house full of cats and how they run their lives.

I'm talking about men.

Some men will pick through other people's garbage and some won't.

I'm one of the ones who won't.

It's really not that complicated.... [ More ]

Comment #33

Stack47 — Sat, 26 May 2012 15:53:46 GMT

If I read the story right, Jones climbed into a trash bin and hopefully was wearing a hazmat suit because people have been know to dumb their garbage and trash from their homes in those bins. Some are saying Jones was stupid for telling people she found a million dollar ticket , as if dumpster diving is a noble profession.

If I had to do it maybe, but I sure wouldn't want anybody knowing. Just saying.

Comment #32

mcginnin56 — Sat, 26 May 2012 15:45:07 GMT

Yeah, the only items I sift through are located at lottery locations, which have nothin' but discarded lotto tickets/scratchers. Guess the other guy

was referring to checking out his own trash.

Comment #31

Stack47 — Sat, 26 May 2012 15:40:21 GMT

The lottery already gave the money to Jones so whatever the court finally rules has nothing to do with any lottery decisions. There are at least four parties involved in the suit so it can't be a 50/50 split.

Comment #30

Lucky Loser — Sat, 26 May 2012 15:40:13 GMT

X's 2. The cans I'm referring to are the one's inside the store right next to the counter where people scratch their tickets, or, the one's just outside the exit door where they toss 'em immediately. Though still trash cans, these don't typically contain all the aforementioned articles of disgust.

I wonder, now, why this comment wasn't made about the lady in question who found her $1 MIL ticket in a trash can full of nasty stuff Nothing was said about how disgusting it was for her to look for... [ More ]

Comment #29

mcginnin56 — Sat, 26 May 2012 15:27:13 GMT

A very dignified response. I respect that man.

Comment #28

rdgrnr — Sat, 26 May 2012 15:23:45 GMT

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.

Comment #27

Lucky Loser — Sat, 26 May 2012 15:13:39 GMT

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... [ More ]

Comment #26

Artist77 — Sat, 26 May 2012 15:00:51 GMT

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... [ More ]

Comment #25

mcginnin56 — Sat, 26 May 2012 14:39:24 GMT

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.

Comment #24

Lucky Loser — Sat, 26 May 2012 13:51:43 GMT

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 actu... [ More ]

Comment #23

lincolnAbe — Sat, 26 May 2012 13:02:24 GMT

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

Comment #22

maximumfun — Fri, 25 May 2012 21:36:39 GMT

Comment #21

Stack47 — Fri, 25 May 2012 20:03:16 GMT

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.

Comment #20

kyokushin187 — Fri, 25 May 2012 19:41:48 GMT

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.

Comment #19

Artist77 — Fri, 25 May 2012 19:00:35 GMT

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.

Comment #18

haymaker — Fri, 25 May 2012 18:20:17 GMT

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.

Comment #17

rdgrnr — Fri, 25 May 2012 18:19:55 GMT

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.

Comment #16

Lucky SOB — Fri, 25 May 2012 18:05:35 GMT

i would love to know how much money will be left when things are finished.

Comment #15

LottoGuyBC — Fri, 25 May 2012 16:47:25 GMT

Comment #14

TheOtherOne — Fri, 25 May 2012 15:33:17 GMT

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

Comment #13

Stack47 — Fri, 25 May 2012 14:43:00 GMT

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.... [ More ]

Comment #12

mcginnin56 — Fri, 25 May 2012 14:05:13 GMT

I'm sure she has relived that scenario hundreds of times over in her dreams. Loose lips, sink ships.

Comment #11

tg636 — Fri, 25 May 2012 13:46:25 GMT

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

Comment #10

sully16 — Fri, 25 May 2012 13:38:48 GMT

yep.

Comment #9

rad242 — Fri, 25 May 2012 13:35:25 GMT

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.

Comment #8

mcginnin56 — Fri, 25 May 2012 13:11:06 GMT

Still not a bad days pay for a trash picker .

Comment #7

Artist77 — Fri, 25 May 2012 12:52:21 GMT

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.

Comment #6

Cletu$2 — Fri, 25 May 2012 12:46:43 GMT

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.

Comment #5

dallascowboyfan — Fri, 25 May 2012 12:24:44 GMT

Comment #4

steph219121 — Fri, 25 May 2012 12:09:03 GMT

I was thinking the same thing

Comment #3

mcginnin56 — Fri, 25 May 2012 11:54:11 GMT

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.