this post was submitted on 20 Feb 2024
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[–] [email protected] 70 points 10 months ago (30 children)

I mean, if I were in his shoes I'd be pissed too, but if there's a recording of the drawing showing that the actual numbers drawn and the listed numbers on the site were different, then it doesn't sound like he'd have much of a case. It's not like the website numbers were the only proof of what the winning numbers were that day.

Of course, Powerball could have generated some good will by paying him something (assuming they didn't already try and he turned it down wanting the whole pot.)

[–] [email protected] 150 points 10 months ago (18 children)

Mr Cheeks is now suing on eight separate counts, including breach of contract, negligence, infliction of emotional distress, and fraud.

He might not get awarded the full amount for the reason you mentioned, but I think he's probably got a good case on negligence and infliction of emotional distress.

I'm not a lawyer, but I've gotta imagine you can easily make a case that publishing something as life changing as winning $340 million and then backing out would inflict some serious distress. People quit their jobs and divorce spouses for less.

[–] [email protected] 10 points 10 months ago (3 children)

I'm not a lawyer either, but it's fun to pretend like I am one when arguing on the internet 😁

In order to prevail on a claim for deliberate infliction of emotional anguish, you need to show three elements to the court: that the conduct was (1) extreme and outrageous, (2) intentional or reckless, and (3) causes you severe emotional suffering. See District of Columbia v. Tulin, 994 A.2d 788 (D.C. 2010).

Based on the above, I think he would fail at number 1- a mistake of entering numbers on a website does not constitute "extreme and outrageous" conduct. As for point (2) he obviously loses at the "intentional" part, though there is a question as to whether not correcting the mistake for two days is "reckless." He might win on point (3)- but seeing as how he would need to prove all three elements I don't see him winning on this allegation.

[–] Still 20 points 10 months ago* (last edited 10 months ago) (1 children)

id personally thing any mistake when dealing with that quantity of money is extreme and outrageous

and 2 would be in the reckless clause not the intentional

[–] [email protected] 3 points 10 months ago (1 children)

Unfortunately, that means you've left no room for honest mistakes, which is an irrational notion. People are going to make mistakes. Some of them are going to involve mind-boggling sums of money. That doesn't make it either extreme or outrageous per se.

The lottery drawing was on Saturday night. The website's error was corrected on Monday, the first business day after it was discovered. Does that constitute "reckless"? I don't think a reasonable person could conclude so.

[–] [email protected] 3 points 10 months ago

Not checking your website when the numbers go "live" to make sure it correctly updated seems pretty reckless to me. If thousands of people are going to be viewing these changes, you at least take a peek when you update it.

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