Thomas v. Halstead, 605 So.2d 1181, 1184-85 (Ala.1992). 1981392 and 1981393. Edward Seward now challenges the validity of his gift of the ticket to Dickerson. Furthermore, the lack of the reasonableness of his reliance combines with the lack of evidence indicating that Dickerson intended to communicate with Seward in such a way as to induce him to purchase the ticket. v. Tonda Dickerson et al. The justices threw out a Mobile judge’s order that divided the winnings equally among Tonda Dickerson and four other employees who claimed they all had a verbal agreement to split any winnings. The Mobile Circuit Court entered a summary judgment in favor of the defendants as to each of Seward's claims.3, “When reviewing a ruling on a motion for a summary judgment, this Court applies the same standard that the trial court used ‘in determining whether the evidence before the court made out a genuine issue of material fact.’ Bussey v. John Deere Co., 531 So.2d 860, 862 (Ala.1988). They weren't talking to you, were they? In March 1999, Tonda received a winning Florida state lotto ticket as a gift from a Waffle House customer. You were just there listening, right? Supreme Court of Alabama. Each of those tickets was for the March 6 drawing, and each was presented in a separate envelope. Holder of Sirote & Permutt, P.C., Birmingham, for appellant/petitioner Tonda Dickerson. Fate however had other ideas. But you didn't say anything about lottery tickets during that conversation, did you? Each ticket contained five sets of numbers or quick-pics, which means the tickets cost $5 each. Rehearing Denied April 28, 2000. ``Dickerson held a ticket that contained the winning numbers. “A drawing for the Florida lottery was scheduled for Saturday night, March 6, 1999. About a three-way-three-way conversation. 2012-60, gave us a glimpse at the life of lottery winner Tonda Dickerson, a former waitress of the Waffle House in Grand Bay, Alabama. But if I understand the conversation that you told me about, Sandra asked Tonda a question, right? The numbers on the lottery tickets held by Deno, Tisdale, and Adams did not match the numbers drawn in the March 6 drawing. Ex parte Tonda Dickerson. The ticket won [Dickerson] a prize of approximately [$10] million.” 1. In 1999, Tonda was working as a waitress in an Alabama restaurant. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The ticket won a prize of approximately $5 million. In Dickerson we held that there was sufficient evidence to support a finding that Dickerson and her co-employees orally agreed to split the proceedings should any of the tickets they received from Seward prove to be a winning ticket. Instead, Seward contends that his complaint is based upon Dickerson's alleged misrepresentation that she would split the winnings with her co-employees. Supreme Court of Alabama. In Dickerson v.Deno, 770 So.2d 63 (Ala. 2000), we held that an agreement between Tonda Dickerson and her former co-employees to split the proceeds of a winning Florida lottery ticket was void under Alabama law. However, it appears that the total winnings were $20 million, and that each of the two winners was awarded $10 million. Our protagonist – Tonda Lynn Dickerson – had an agreement with four other waitresses that – if they ever won – they would share the winnings equally. She won the lottery than shot a man.The Tonda Dickerson lottery win, unfortunately, brought out the worst in people. Renfro v. Georgia Power Co., 604 So.2d 408, 411 (Ala.1992).”. The underlying facts of this case were summarized in Dickerson as follows: “The plaintiffs [in Dickerson ]-Sandra Deno, Angie Tisdale, Matthew Adams, and Jackie Fairley-and ․ Tonda Dickerson were all employees at the Waffle House restaurant in Grand Bay, Alabama. The … Tonda is back in court again. Copyright © 2021, Thomson Reuters. Soon after winning, the young woman found herself caught up in multiple legal battles. The defendants properly supported their motion for a summary judgment with evidence showing that Dickerson never made any misrepresentations to Seward regarding the lottery ticket before Seward gave her the lottery ticket; that Seward decided to give the lottery ticket to Dickerson without ever having discussed with Dickerson the issue of what would happen if the lottery ticket he gave her was the winning ticket; that Dickerson never asked Seward to give her a lottery ticket; that Seward never intended or expected that he was to receive any money should the lottery ticket he gave Dickerson turn out to be the winning ticket; and that the damages Seward sought to recover from Dickerson were the $10 million she received from the winning lottery ticket, not a “new truck.” The defendants met their burden of showing that there was no genuine issue of material fact as to Seward's claims of fraud or conversion or his claim seeking equitable relief. Relatives, coworkers, and even Edward Seward (the man who gave Tonda the lottery ticket as a tip) initiated lawsuits against her. Tonda and her co-workers often received lottery tickets as tip compensation from a customer who frequented the restaurant. Id. On March 6, 1999, the day of the Florida lottery drawing, three Waffle House employees opened envelopes from Mr. Seward containing lottery tickets: none of the three held a winning ticket. Re Sandra Deno et al. Co. of Florida, 547 So.2d 870, 871 (Ala.1989). The Mobile Circuit Court, in entering a summary judgment for Dickerson and the other defendants, rejected Seward's challenge. Subsequently, Dickerson opened her envelope and determined that the numbers on her ticket matched the winning numbers drawn in the lottery the night before. ``…Seward never would have given Dickerson a ticket if he'd known she wouldn't share the jackpot, his attorney, Stephen Clements, said Friday. However, we also held that such an agreement was void and unenforceable under Ala.Code 1975, § 8-1-150, as a “contract [] founded ․ on a gambling consideration.” Id. v. Edward L. Seward, Jr. I concur, except that I do not agree with the statement in footnote 4 to the effect that an agreement among Dickerson and her coworkers to divide any proceeds from the ticket would be void under Alabama law. Therefore, in order for Seward to survive a summary judgment, he must present substantial evidence creating a genuine issue of material fact as to fraud or conversion on the part of Dickerson, or substantial evidence indicating that Seward was entitled to equitable relief. The trial court did not err when it entered a summary judgment on Seward's fraud claim. As stated above, Seward's claims alleging conversion and seeking equitable relief have as their foundations Seward's fraud claim. Re Sandra Deno et al. Tonda DICKERSON v. Sandra DENO et al. She wasn't talking to you, was she? Edward Seward now challenges the validity of his gift of the ticket to Dickerson. ‘Substantial evidence’ is ‘evidence of such weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved. You looked at Tonda, and you said, I expect you to share? 4. In Dickerson v. Deno, 770 So.2d 63 (Ala.2000), we held that an agreement between Tonda Dickerson and her former co-employees to split the proceeds of a winning Florida lottery ticket was void under Alabama law. So due to this technicality Tonda Dickerson, despite agreeing to share her winnings with four co-workers if her ticket won the state lottery, can keep all of the money to herself. - In Grand Bay, Alabama, in 2009, former Waffle House waitress Tonda Dickerson won about $10 million in a Florida lottery with one of five tickets a regular customer gave to restaurant employees. (Witness indicates affirmatively.). Several employees of the Waffle House received lottery tickets from Seward during the several weeks that he gave out the tickets. Tonda was astonished when the regular customer left her a winning ticket worth more than $10 million. An essential element of any fraud claim is “reasonable reliance.” See Reynolds Metals Co. v. Hill, 825 So.2d 100, 105 (Ala.2002). Take Tonda Dickerson, for example. ``In a complaint filed late Friday in Mobile County Circuit Court, Seward contends that lottery winner Tonda Dickerson committed fraud by accepting a lottery ticket from him with the understanding that she would share the winnings with her co-workers. 1. Seward liked the lottery. “A. Upon opening her envelope, Fairley determined that the numbers on her ticket did not match the winning numbers. Tonda was astonished when the regular customer left her a winning ticket worth more than $10 million. Although not dispositive, the fact that the statement Seward relied upon was an apparent assent to enter into an agreement that is void under Alabama law can do nothing but reduce the reasonableness of Seward's reliance. Filed March 6, 2012. They all promised to split the money if anyone won. The other defendants include a corporation formed by Dickerson after she won the lottery and several shareholders of that corporation. ``…Seward, a regular customer at the restaurant, handed out Lotto tickets to Dickerson and four other workers there days before the March 6, 1999, drawing of Florida's state-run lottery game. On several occasions Seward would travel to Florida and purchase lottery tickets and upon his return would give the tickets to various friends and family members, including the employees of the Waffle House. I need to know whether you ever talked directly to Tonda Dickerson, and told her that you expected her to share anything she won from the lottery tickets that you were giving her? Charles R. Driggars and Gary B. No, no, I didn't say nothing. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. The next day, two more employees opened their envelopes and lo and behold, Tonda Lynn Dickerson’s envelope held a winning ticket worth $10 million. Seward did not expect to share any potential lottery winnings based on the tickets he gave away, but he claimed that he was promised a new truck by the employees of the Waffle House if one of the tickets he distributed there was a winning ticket. Luckily for Grand Bay, Alabama, resident Tonda Lynn Dickerson, her gifted envelope held a lottery ticket worth $10 million (or $5 million as a lump sum). Edward L. SEWARD, Jr. v. Tonda DICKERSON et al. Charles R. Driggars and Gary B. The drawing was held as scheduled. Seward cannot reasonably rely on Dickerson's mere assent-a fragment of a vague conversation that was not directed to him-as the basis for the rather serious charge that Dickerson somehow “defrauded” him.4. Get free access to the complete judgment in SEWARD v. DICKERSON on CaseMine. 2. “Q. Yeah, about both-both of us. He also liked giving away the lottery tickets to the waitresses at the Waffle House. Bass v. SouthTrust Bank of Baldwin County, 538 So.2d 794, 797-98 (Ala.1989). Firefox, or Tonda Dickerson Dickerson, a former Waffle House waitress in Grand Bay, Alabama, won about $10 million in a Florida lottery in 1999. In reviewing a ruling on a motion for a summary judgment, this Court views the evidence in the light most favorable to the nonmovant and entertains such reasonable inferences as the jury would have been free to draw. TONDA LYNN DICKERSON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. In such a situation, where a “third-party” fraudulent misrepresentation is alleged, statements to persons other than the plaintiff will support the fraud allegations only when there is sufficient evidence of an intent on the part of the speaker to communicate to the third party in such a way as to induce the plaintiff to act. We recommend using “A. 1 lottery winnings with her family. Seward's testimony indicates (1) that there was only one relevant conversation; (2) that this conversation was not directed at Seward; (3) that Dickerson did not initiate and was not directing the conversation; and (4) that Dickerson's response-something along the lines of “yes,” “yeah,” or “that's right”-was her sole contribution to the conversation. Stay up-to-date with FindLaw's newsletter for legal professionals. Tonda DICKERSON v. Sandra DENO et al. 2d 63 (Ala. 2000), we held that an agreement between Tonda Dickerson and her former co-employees to split the proceeds of a winning Florida lottery ticket was void under Alabama law. On March 6, 1999, before the lottery drawing, Seward presented ․ Deno, Tisdale, and Adams each with an envelope containing one lottery ticket. Take Tonda Dickerson, for example. In Dickerson v. Deno, 770 So.2d 63 (Ala.2000), we held that an agreement between Tonda Dickerson and her former co-employees to split the proceeds of a winning Florida lottery ticket was void under Alabama law. Edward Seward ․ was a regular customer of the Waffle House. The email address cannot be subscribed. The U.S.Tax Court, in the case Dickerson v. Commissioner of the Internal Revenue, T. C. Memo. The next day, two more employees opened their envelopes and lo and behold, Tonda Lynn Dickerson’s envelope held a winning ticket worth $10 million. at 65. City of Orange Beach v. Duggan, 788 So.2d 146, 149 (Ala.2000). Ex parte Tonda Dickerson. Suddenly in possession of a winning lottery ticket worth $10 million, Dickerson’s fortunes looked to suddenly be massively on the up as she accepted $375,000 over the next 30 years rather than the lump sum payout. Uh-huh. Tonda Lynn’s ticket from Mr. Seward won $10 million (paid over 30 years or $5 million as a lump sum) in the Florida lottery. Seward argues that the trial court erroneously construed the fraudulent misrepresentation alleged in Seward's complaint to be Dickerson and her co-employees' alleged promise to buy him a truck if one of the tickets he gave them proved to be a winning ticket. “Q. Edward Seward now challenges the validity of his gift of the ticket to Dickerson. A former waitress who won a $10-million jackpot with a lottery ticket left as a tip has been ordered to share the money with four co-workers.
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