Dickerson v. Deno

770 So. 2d 63 (2000)

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Dickerson v. Deno

Alabama Supreme Court
770 So. 2d 63 (2000)

  • Written by Brett Stavin, JD

Facts

Sandra Deno, Angie Tisdale, Matthew Adams, and Jackie Fairley (plaintiffs) worked at a Waffle House restaurant with Tonda Dickerson (defendant) in Alabama. A regular customer of the restaurant, Edward Seward, occasionally traveled to Florida, where he would purchase lottery tickets. Upon Seward’s return from Florida, he would give the lottery tickets to friends and family, including the Waffle House employees, on the understanding that if any of them won, they would buy Seward a truck. In the week preceding the March 6, 1999, lottery drawing, Seward gave tickets to Deno, Tisdale, and Adams, each in a separate envelope bearing the employee’s name. None of those tickets matched the winning numbers. On March 7, 1999, a day after the drawing, Seward gave tickets to Fairley and Dickerson in the same manner. Fairley’s ticket did not match the winning numbers, but Dickerson’s did. The winning prize was $5 million. Subsequently, Deno, Tisdale, Adams, and Fairley filed a lawsuit in Alabama state court to enforce an alleged oral agreement that the five Waffle House employees would split the lottery winnings. The trial court ruled in favor of Deno, Tisdale, Adams, and Fairley, finding that there was an enforceable oral agreement that each party was entitled to 20 percent of the winnings. On appeal, Dickerson argued that the alleged oral agreement was unenforceable, in part because it was a void gambling contract under Alabama law.

Rule of Law

Issue

Holding and Reasoning (Maddox, J.)

Dissent (Johnstone, J.)

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