Lottery news from http://www.delawareonline.com/
WILMINGTON -- A Chancery Court judge dismissed a 49-year-old Bear man's lawsuit that claimed he was entitled to a $5 million lottery prize even though he said he lost the winning ticket in a laundry mishap.
The Attorney General's Office, which represents the state Lottery Office, requested the lawsuit be dismissed because lottery regulations require players to present the winning ticket to claim the prize.
In a decision made public Friday, Chancery Court Vice Chancellor John W. Noble dismissed the suit, saying Robert W. Palese didn't have a claim.
"Because an enforceable contract exists between the parties and that contract requires presentment of the ticket, Palese's claim for unjust enrichment must be dismissed," Noble wrote.
Palese said he had the winning ticket for the March 21, 2003, jackpot, but that the ticket was destroyed after he placed it in his jeans and ran them through the washer and dryer.
After the incident, Palese said he contacted the lottery office to explain. According to Palese's lawsuit, lottery director Wayne Lemons wrote him a letter saying he would have to wait one year from the date of the drawing for a review of his claim.
At the end of the year, however, lottery officials returned the money to the general fund without reviewing the claim, the lawsuit said.
Palese's attorney, Patrick J. Collins, argued at a March hearing that the suit should continue so his client can determine what Lemons meant when he sent the letter, adding that a possible conclusion was that the lottery director was considering awarding a prize to Palese or else the letter would have said: "Sorry. Rules preclude me doing anything. My hands are tied."
"We're disappointed in the ruling," Collins said Friday. "We're going to be studying the vice chancellor's opinion and evaluating our options."
In his 20-page decision, Noble said the lottery office considered Palese's claim and "ultimately determined that it could not lawfully award the prize money to a non-ticket holder."
Deputy Attorney General Michael McTaggart, who represented the state in this legal action, said his office was grateful for the court's consideration and its decision.
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