$5m in scratch card winnings – we had the ticket but never saw cash

A FATHER'S dreams have been dashed after he won millions in the lottery, just to be told he would not receive the payout.

The California State Lottery Commission diligently checks that all players have followed the rules and found that the man's son had purchased the scratch card while underage.

(Ward Thomas sued lottery officials and the Mobil store for not being given his lottery winningsCredit: Getty)

(The plaintiff was countersued for engaging in 'illegal gambling'Credit: Getty)

Ward Thomas from Long Beach, California, filed a lawsuit against the commission, claiming damages after he said he rightfully won the $5million prize.

Thomas filed the suit in Los Angeles County Superior Court in July 2017.

It claimed that in October 2016, he asked his son Benjamin Thomas to purchase five scratcher cards while his father waited outside.

According to Thomas, the pair returned home and he discovered he had scooped a winning ticket.

The father said he then validated the ticket himself at a 7-Eleven and submitted a claim for the prize money with the California State Lottery.

However, two months after the win, the commission "improperly denied plaintiff Ward Thomas' claim for the proceeds of the winning ticket on the basis that the winning ticket was purchased by Benjamin Thomas who was age 16, and not legally able to play the lottery," the lawsuit stated.

The complaint attempted to sue the commission for failure to discharge a mandatory duty, breach of contract, breach of the covenant of good faith and fair dealing, intentional misrepresentation/fraud, negligent misrepresentation, and negligence.

The lawsuit stated that the 16-year-old was never asked to show identification or that he could not purchase tickets on behalf of his father.

It was noted that there was no signage in the store alerting customers of the minimum age limit of 18 years old to play the lottery.

It read: "At no time during the exchange did Mobil Store inform Benjamin Thomas that he could not obtain California State Lottery Scratchers tickets due to his age.

"At no time during the exchange did Mobil inform the Plaintiff that Benjamin Thomas could not act as Plaintiff's agent in order to obtain California State Lottery Scratchers tickets."

Lottery officials appealed to the judge to dismiss the case against them, claiming that Thomas and his son had engaged in "illegal gambling."

Meanwhile, the owners of the Mobil station, Bilabob Inc., filed a countersuit against Thomas and his son, claiming Benjamin lied to employees by showing "a fake but realistic driver's license" showing he was over the age of 18.

The complaint alleged fraud and deceit and negligent misrepresentation and supervision.

The suit also sought compensation from the Thomases for any judgment rendered against Bilabob.

The teenager "became a regular and known customer who had presented identification establishing that he was over the age of 18 to several store employees, so Benjamin's identification was no longer regularly checked by the store employees who knew and recognized him," the countersuit states.

It claimed that the juvenile had previously bought a winning Scratchers ticket in September 2016, which saw him win $1,000 after it was honored by lottery officials.

Los Angeles Superior Court Judge Terry Green dismissed Thomas' claims that he was wrongfully denied the $5million cash prize.

Green noted that it is clear that only adults can purchase lottery tickets.

He said: "If these were the Academy Awards, the plaintiff would get the award for the most creative argument in a losing cause.

"But no, these laws exist to protect minors from gambling.”

  Ref: I sued the lottery after they refused to hand over $5m in scratch card winnings – we had the ticket but never saw cash (the-sun)