Judge: Set aside $2.8M in lottery suit

Staff report

CLEVELAND

A judge has ordered the Ohio Lottery Commission to set aside $2.8 million of a $99 million jackpot in case a Youngstown man wins a lawsuit for what he claims is his rightful share of the money.

The order came from Judge Eileen T. Gallagher of Cuyahoga County Common Pleas Court in a lawsuit by Edward Hairston, 39, of Youngstown, who said a pool that included his co-workers purchased the winning Mega Millions ticket last month while he was on sick leave.

Hairston claimed he’s entitled to a share of the prize equal to those of his 22 fellow lottery players, most of them employed with him at the KraftMaid cabinet factory in Jefferson. Hairston sued his fellow pool members and the Cleveland-based commission.

Hairston said he regularly played the lottery for years in the pool but was denied his share of the jackpot because he hadn’t been able to chip in his dues while he was on sick leave. Hairston said the pool’s past practice was to make payments on behalf of members on sick leave.

The auto-lotto ticket that won the Aug. 5 drawing was sold at a Speedway gasoline station in Jefferson, and the pool members claimed their prize Aug. 8 at the commission’s Youngstown office, choosing the cash option.

The lottery commission said each player was expected to net about $2 million after federal and state tax withholdings. The gas station will get a $99,000 bonus for selling the winning ticket.

In her order, Judge Gallagher said the commission is to withhold and set aside 1/23 of the $65.4 million gross cash option amount and keep that money until further order of the court. She said the commission is to distribute the remainder of the money to the 22 other pool participants “with appropriate federal and state tax withholding.”

A hearing in this case before Judge Gallagher is set for 9 a.m. Dec. 12.

Hairston could not be reached to comment.

Mahoning Valley residents on the commission’s list of winners were: Arnette Badanjek and Dennis Wolford, both of Southington; Kahemba Butler of Warren; Kathleen Holesko of Newton Falls; Marjorie Langreder of West Farmington; and Chastity Lewis of Niles.

The ticket was the 16th Mega Millions game winner sold in Ohio since the state joined the game in May 2002.