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Ohio Man Sues Coworkers Who Won't Share Mega Millions Lottery Win (VIDEO)

First Posted: 09/07/11 12:28 PM ET Updated: 11/07/11 05:12 AM ET

An Ohio man who was out sick when his coworkers won a $99 million lottery jackpot hopes to have his lucky day in court.

Last month, 22 KraftMaid employees in Youngstown, Ohio who regularly pooled their money to buy lottery tickets won the Mega Millions draw, TV station WEWS reported. But one man, Edward Hairston, missed out on the big prize because he'd been on sick leave for three months and hadn't contributed his $5 to the pot in June, July and August, according to WCKN.

Now Hairston is suing his newly rich colleagues for his share of the winnings -- about $2 million -- because his lawyer claims it was an unwritten policy to cover for workers who were sick or on vacation, according to the Ohio News Network. Until Hairston's back injury forced him out of the factory for three months, his lawyer told The Cleveland Plain Dealer that his client had kicked in his dues every month for eight years before the workers hit the big one.

When he tried to collect his piece of the pie, his coworkers told him he wasn't entitled to a dime, his attorney Howard Mishkind said. A lawyer for the winners told The Plain Dealer that two other employees who played in July, but didn't play in August haven't sued.

A judge last week ordered that $2.8 million be set aside while the parties sort out the dispute, The Vindicator of Youngstown reported.

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HUFFPOST SUPER USER
Loren Sauers
06:04 AM on 09/08/2011
Sorry, while I feel for the guy but if he wanted to be included he should have continued to pay to the pool. It's not the pools responsibility to cover him. But the others could also give him a gift. They did win 99 mil or 50 mil cash payout. The only ones that will win out in this is the lawyers, hopefully the judge won't let it go forward. Unless it's a liberal judge then it will believe in income redistribution. Compassion and relationship should be enough to give him part.
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eric681
semper in dookie; sumus solim profundum variat
01:24 PM on 09/09/2011
Compassion and relationship, ha how liberal of you. They should keep all of the money and get a lawyer to get this communist to stop trying to steal benefits.
05:52 AM on 09/08/2011
Better luck next time, Charlie. But you and I know that the odds against that ever happining in your lifetime are almost non-existant. But if you stop to consider the odds before you put your money down, you will realize that the lottery is for losers.
05:48 AM on 09/08/2011
I feel sorry for the mans bad luck. In 3 months time he could of payed or made arrangements, I say he is owed nothing. I can bet if they had not won he wouldn't of reached in his wallet and payed them for 3 months he was off !! I understand what your saying truetruth but for 3 months I feel is to long without mention of lottery.
05:16 AM on 09/08/2011
The deadbeat deserves $0. He who doesn't ante up, doesn't deserve a place at the finish line.
04:50 AM on 09/08/2011
I run a lottery pool at work and we have the same 9 people in it each week.$1 each drawing .People get $15 -$20 dollars behind but they are still in it if we win or lose i buy tickets for a monthworth of drawings at a time and put in for the ones i havent seen. I don't see some of the people for weeks at a time and have never had a person yet that hasn't paid in full when i run into them so why would i leave them out if we win.greed gets you nowhere
04:10 AM on 09/08/2011
Sorry Edward Hairston you are not owed anything. I didn't hear you complaining when the others bought the tickets each week WITHOUT YOU and didn't win. Human greed is, in my opinion, the worst trait one can have.
04:00 AM on 09/08/2011
I totally think he should split the winnings.... clearly he's established a pattern by paying every month for 8 years. My previous company had a lottery group that played every Friday $1 dollar and the rules were set in advance, very clear and everyone had to sign that they agreed. They included items such as, what was to be done with very small winnings. We used those funds to cover people who were out on leave or had contributed and for one reason or another were out the day the coordinator collected. Those funds were also used to buy more quick pics when the jack pot got HUGE. Also rules were in place for what happens if you're sick, on vacation, etc etc. We had fun and over the years won several times, nothing huge for once we each won just short of $1000. My current employer doesn't allow lottery, I'm sure out of fear that we would all walk out if we won.
04:38 PM on 09/13/2011
First off, the winnings are not his to split. It's up to the winners holding copies of the winning ticket to decide if they want to count HIM in. The pattern of playing over eight years DOES NOT OBLIGATE his colleagues to cover his gambling for the duration of his absence. The other issue here is that there WAS no written policy for the winners to adhere to. Most employers have disallowed office lottery pools not for fear of loss of employees, but rather loss of employment (man hours), while the employees battle each other in court for winnings.
10:50 PM on 09/13/2011
Clearly we don't agree!!
leavesbound
my micro bio is empty? is that your diagnosis?
01:45 AM on 09/08/2011
I participate in a lottery pool frequently. We only include people who actually contribute a dollar. If you don't put money in the pot you don't get to win any prizes. Each drawing the list is different because not everyone wants to play each time. Sometimes there are as few as seven players buy when the pool goes over $100,000,000 there can be as many as 30. If this idiot actually succeeds in winning this case that means now we have to hire an attorney to draft a lottery pool agreement to exclude anyone who does not contribute in a given drawing. If he wanted to win he needed to contribute his share, sick leave or no sick leave.
01:14 AM on 09/08/2011
I think the moral of the story is to participate consistently in the lottery and let it be known BEFOREHAND that you want to be covered in the event of illness or vacation. Also make yourself be likeable. Help everyone with their needs, cover their work when they're gone, offer to assist when your workflow slows down or if they're leaving early for the day and they need something completed. That way, they WANT you to be part of the lottery.

The interesting aspect to this story, is that at my former job, anyone who was absent due to something simple as a cold or who took the day off was covered. UNLESS you let it be known that you were NOT interested (one guy never played, didn't believe in it or believed that we'd ever win...which we didn't), then it was assumed you'd want to be part of it, and one of the leads or supervisors would chip in, and would be reimbursed later. Nothing could be simpler.

No one wanted the hellishness of a lawsuit in the event of a victory, or having to tell someone they weren't included when the winnings were to be millions. No one wants to be looked upon as being cheap. Five dollars isn't such a big deal as to pay lawyers to settle something like this. Just give the guy his share. Because look what happens...it winds up in places like Huffington for all the world to see.
HUFFPOST SUPER USER
2tru4u2c
Politically correct is neither!!
01:01 AM on 09/08/2011
The crazier part of this story is some nutty judge ordered $2.8mil "set aside while the parties sort out the dispute". What dispute? No pay- no play. There, dispute sorted out. This sore loser should not only have to pay the winner's attorney fees, he should also have to reimburse the interest on the $2.8 mil that will be lost during this "dispute".
12:53 AM on 09/08/2011
he is just s**t out of luck. stop crying if it was that important to him to play he would have made an affort to pay the the money every month. now if the people want to share some of their winnings its up to them,but 2 million he needs to stop taking those pain pills
12:48 AM on 09/08/2011
The question is: Would he have paid the money for his share of the tickets to his co-workers if they hadn't won?

You couldn't go to a lottery office and say you have played the same numbers for every drawing for years but forgot to buy your ticket on the day your numbers were drawn. No ticket, no winning and in his case no money when the tickets were bought, no winnings!!