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.)
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.
Communicating through official channels "This is the winner!" seems like it's more of an issue for them. It's not a 3rd party misreporting the numbers, it was the company itself publishing the winners itself.
What about the people that aren’t able to watch the drawings and have to check if they won using the website?
If Powerball used their website to communicate the winning numbers and they made the mistake of putting the wrong numbers up then that is their mistake to own.
Don't know how much I agree. They posted the numbers on their official site. And they were up for a few DAYS. If I am supposed to be held responsible for my mistakes, why shouldn't the lottery board? I hope he at least gets a sizable settlement. The amount of stress they put this guy through has to be kind of insane.
You're forgetting that the lottery made an official pronouncement through official channels. I believe that you're entering promissory estoppel here--dude could have spent some money or taken a loan, confident in that money coming. Make no mistake: the lottery wronged and harmed him through their own negligence.
He probably had money mentally spent too. Once you realize you've won it's not unreasonable to find a lawyer and get some affairs in order while you're anticipating long-term how to save your money. The bait and switch probably messed with his mind.
At one of the lowest points of my life when i was locked into contract and couldn't make changes that would better my situation, the lottery was my anti-suicide failsafe. If there was a chance, no matter how small, that life could get better, I had to keep going.
I knew the odds and it wasn't about winning, just that twice a month I'd buy something that meant I had to keep going because statistically it gave me a chance to change my situation.
However, getting a false win at that time would have absolutely destroyed me.
I used the lottery for the same reason for a long time. Then they raised the price and lowered your chances to win even further.
Also, seeing people win a "$1Billion jackpot" and take home less than $400M after taxes, meanwhile multiple billionaires can be shown to pay $0 on taxes... It's pretty disillusioning.
Assuming the story is true... They fucked up and he intentionally took advantage of it knowing full well those weren't the winning numbers...and they should pay him anyway?