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Judge: Woman who threw away lotto ticket entitled to money

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    Legal panel weighs in on the case

  • Duration 7:23
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Kelly scored -- second session on the docket today one woman's trash was another woman's treasure.

A verdict on an earlier Kelly's court but one that is already going up on appeal.

The judge in one of our favorite lottery cases ruling finders are not keepers.

-- share -- Jones she found a lottery ticket in a trash can at an Arkansas convenience store.

Week or she comes then she picked a winner it turned out to be a winner of the trash -- shouldn't for a million bucks look how happy she he has.

But a judge has just -- ruled that Jones does not get to keep the money he said the woman -- -- who first bought the ticket Sharon don't get.

Gets the -- even though she threw the winning ticket away.

Then the there's the store manager who was also in on the legal fight she says -- the ticket because.

The actual first winner right away and -- for cash and she says she wasn't cheap off the -- above the trash cans that said do not -- She now says she's gonna appeal this verdict.

What are her chances we've got off sides represented in today's Kelly's court Fox News legal analysts -- -- and Mercedes Colwin and defense attorney David -- -- to your clients as you predict the last time you were on one gore you representing -- -- the verdict.

Right.

Sharing that Duncan Megan you regional innocent purchaser of that ticket why it's right Megan is because there was no legal abandonment of that ticket which -- -- -- end.

And she took that little lottery ticket that she bought a -- put it through the ticket scanner and Megan -- -- said loser sorry you don't win.

The -- regulated by the state the same state that regulates the Lotto and when the -- malfunctions.

As it did in this case she can -- mentally or legally rely and that what she took her ticket and -- up in the air and -- it ended so I don't -- -- abandonment that that means that legally it's still in her possession that suggestion create them.

The million by -- let me talk are you ready Oregon the receipt by the way there's I think that I got -- -- -- -- okay -- biggest deal because you represent your fake client here is the woman who.

First of got the million -- -- we see in the picture Sharon Jones right she's the one who went dumpster diving.

Why does she get it when the original purchaser.

Did not mean -- there -- -- she was told she didn't have a winner.

-- Duncan through what I talk about abandoning you can't abandoned property that's more than throwing in a -- little waiting list is there OK then go after the a lot of local after the state but don't go after this woman who -- took it out of the -- it was -- to nobody and sheep and is at the winning ticket come on you can't do that also that the lottery committee already it gave it to Sharon Jones my client.

-- -- -- -- -- -- Sharon Jones knew that there was an issue.

It's not like she cast and thinking and sleep -- -- -- because -- climbed to cause a problem from the beginning pension Mercedes hey what is your client think she gets anything discuss fuels a store.

Because she's got the US Supreme Court behind her near the 1988.

Hit it talks about -- right that's right.

Because of number one at that -- that -- out to be collected it doesn't it's not public.

Property so I think US Supreme Court trumps all of you know an elite does start collect -- -- have to make it yeah it was sitting and it can't count it -- -- actually be collected when he's not what the negative on the current business there's this expectation.

-- the only the if -- so don't take anything from this little back and -- that the women.

Lately but that's an important point is there isn't there is a dispute about when the old do not take side right boasted about the trash -- mega ball.

Clearly Clarke testified click that worked for this woman testified that -- signed -- split up after my client the winner got that ticket summit to bat so don't tell you might -- -- didn't whatever you want to know that we face this.

I thought -- -- a decent point about how her client who did the dumpster diving.

It's had a legitimate right she found the ticket she cast it and and if you're client who actually bought the winning ticket and got in -- screwed over by a vote by the machine why -- your client just sue the maker of the machine.

Well I you know what may get it becomes down into it -- -- the maker of the machine of the state that sanctions the machine is going to be involved.

But my client -- for Arkansas State law -- to knowingly and voluntarily.

Abandoned that piece of property that ticket before she loses the ticket and then -- most.

Yeah -- yeah it doesn't.

The machine -- inhibition scratch here that I'm not it's not like you're only reading this is get the ticket underneath this scanner you'll get their -- and that's -- we're gonna pick up.

With -- scratching.

Right after -- great.

David Walt let's see the panel.

Why shouldn't your client be inefficient scratch -- be held to the consequences of her -- its.

Let me tell you why Megan because these tickets are -- Italy put through the scanning machines for one good reason.

What a climb up a person a purchaser comes in and they speak only Spanish or is that there Atlanta really can't read that they're able to read that these scanners -- Is that your client situation now no I don't.

Right but that's precisely why they can rely on the scanners legally for that very reason and that's it she can rely on it Megan.

In May be that the state has sued by the other two but I gotta say my client is entitled to that one million dollars because she never.

Well here's -- here's your ass crack police his client is starting gone out spent the budget area they gave a check on her she -- about a new truck she bod.

Gifts for her children cast gift she -- her children and so on they went spend the money.

Least one -- it was your -- gonna do.

Nothing there's not that isn't happening -- repay not gonna have to repay it because of the -- and and repay the decision will it be reversed on appeal absolutely but you've got the people are making money trouble what -- -- think about these women -- -- pay for the lawyers have to go it.

Litigate this again -- -- getting out of -- you receive a -- if you do this if you can throw something in the trash like David Klein did and then come back after turns out to be valuable and say oh I want that money.

What happens to be like these garage sales will people discard you know -- Deans and items that they have no I -- valuable and somebody else finds them they get -- -- a value and they -- I didn't need to I didn't mean to.

That's normal problem because we -- -- on the conduct of others there's detrimental reliance.

Loosely done that could be said of this store -- to anybody that someone says listen they've -- -- it's obviously that's something that I can take.

And certainly in this case has struck look at all the right in the world to be able that they that's my property because of that's -- that's -- -- -- -- yeah.

South wind at -- garbage -- hand right I mean it listen let's be honest the store clerk has note that this aren't going down points right there.

I think there's there's a -- -- the economy don't let me say that there no there there is definitely the sine help and I'm internationally.

They didn't put that sign up until later that -- that witnessed at least called -- very persuade the evidence that delayed but there is a good debate is friendly client.

Who went dumpster diving and David's client who actually bought the ticket and let me just ask you David for letting us that is it true will the state pay.

If your client gets reversed on appeal she loses her big judgment.

Ten she sued the maker of the machine it scanned at the state of Arkansas.

Absolutely -- your mortgage you will not count on -- at a community pardon.

Immunity they don't make your -- to file -- notice it's tough to get over that immunity they have limited immunity but yeah so it Megan because she got I got that you're only real life or hospital where out of action again we'll be right back.

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