Posted on 12/23/2008 11:44:52 AM PST by Red Badger
TROY — Four Piqua residents are suing their city co-workers who won the $207 million Mega Millions lottery earlier this month, claiming the winners didn't keep their word about sharing any winnings with all regular players.
And they want $41 million.
A lawsuit claiming breach of contract and conversion was filed Tuesday, Dec. 23, in Miami County Common Pleas Court by Doug Harter, Israel Carnes, Tammy K. Wright and Jon Litchfield, all of Piqua.
Named as defendants are winners: Kenny Kirby, John Dembski, Richard Donnelly, James Montgomery, Cynthia Hershberger, Ritchie Williams, Scott Bradley, Dennis Steinke, Loyal Davis Jr., Rodney Stephenson, Jolaine Routson and Arthur J. Rudy, all of Piqua; Amos Steinbrunner of Tipp City; and Clifford Scott Helman of Piqua. The 15th winner, who is retired and did not work for the city, is not named in the suit.
The lawyer for the winners could not be reached immediately for comment.
In the suit, the four claim they are co-workers of some or all of the winners and said they and the winners pooled money to purchase tickets for the Mega Millions drawing.
"Plaintiffs and defendants had an oral agreement whereby if any of the pooled tickets purchased resulted in a winning Mega Millions ticket then all parties would share equally in the proceeds of said winning ticket," lawyers for the four, Erick Bauer and Robert Preston III of Dover, Ohio, wrote in the suit.
The four further claim they joined with the others in a pool for the Dec. 9 Mega Millions drawing from which some cash winnings allegedly were then used to purchase tickets for the Dec. 12 drawing. The co-workers had the winning numbers for the $207 million Dec. 12 drawing.
The four said they were out of the office and unavailable to contribute to the office pool for the Dec. 12 drawing.
When the winning ticket was presented to the Ohio Lottery, the four said, they "were not included ... contrary to the office pooling oral agreement/informal partnership/joint venture, and were not permitted to join with defendants in making a claim for the proceeds."
By not being included in the winnings, the four claim they have suffered immediate injury and an estimated loss of $41.4 million.
The four seek compensatory damages estimated at $41.4 million; punitive damages of inesxcess of $25,000; costs and attorney fees. They also seek a temporary restraining order and against the defendants.
A jury trial is requested.
Spreadin’ the welf.
obama peeps lookin for the handout....this should be interesting....
By the time all the court proceedings are done the winnings will have been spent on legal fees.
Twenty of us play Mega Millions at work. Everybody pays on time, on a monthly basis. Eight bucks. Same 20 players for four years now.
If true, they have an argument. Now they just have that little tricky bit of proving it.
An oral contract is worth the paper its written on.
Share any results with us....winnings versus investment.
This has happened before, I wonder if anyone has ever won a share? I wouldn’t be surprised if they got an offer to settle for some small amount, maybe $10,000, just to get them to go away.
Would you?.............
“had an oral agreement”
Per the Statute of Frauds, all agreements in excess of $500 must be in writing to be enforceable. Call the Waaaaahhhmbulance.
Colonel, USAFR
They couldn't have paid before they left?
Sorry pal, you don't pay, you do not get your share.
Most folks involved in group lottery plans will often Xerox the tickets and give a copy to each member of the group. If one is smart enough to keep a record, that could at least get him/her on the horse.
I definitely would, rather then risk legal fees and an OJ type sympathetic jury.
No Pay, No Play!.......Now, Get the )#&^ outta here!...........
They were involved in the Dec 9th drawing for which some of the proceeds for that one went toward the Dec 12th drawing.
If so, they do have a claim to it since part of thier winnings went into the Dec 12th drawing.
LOL
I missed that. If true then I agree they do have a claim.
That pic is gonna be very handy.............
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