Woods v. Morgan City Lions Club

588 So. 2d 1196, 1991 La. App. LEXIS 2888, 1991 WL 226456
CourtLouisiana Court of Appeal
DecidedOctober 18, 1991
Docket90 CA 1098
StatusPublished
Cited by11 cases

This text of 588 So. 2d 1196 (Woods v. Morgan City Lions Club) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woods v. Morgan City Lions Club, 588 So. 2d 1196, 1991 La. App. LEXIS 2888, 1991 WL 226456 (La. Ct. App. 1991).

Opinion

588 So.2d 1196 (1991)

Edna WOODS
v.
MORGAN CITY LIONS CLUB.

No. 90 CA 1098.

Court of Appeal of Louisiana, First Circuit.

October 18, 1991.

*1197 Gary F. LeGros, Jr., Jeanerette, for Edna Woods.

C. E. Bourg, II, Morgan City, for Morgan City Lions Club.

Edward M. Leonard, Jr., Leonard & Hayes, Morgan City, for Morgan City Newspaper, Inc.

Before WATKINS, CARTER and FOIL, JJ.

WATKINS, Judge.

Plaintiff, Edna Woods, filed suit against the defendant, Morgan City Lions Club (Lions Club), alleging breach of contract for failure to pay the plaintiff a bingo jackpot of $10,000.00.

The dispute over the jackpot prize arose from an alleged error in a newspaper advertisement in the St. Mary Journal, which is a free publication distributed by Morgan City Newspapers, Inc. The advertisement stated that the $10,000.00 blackout jackpot game to be played at the Lions Club on Friday, May 30, 1986, would be won if a player covered his or her card in 52 numbers or less. (See Appendix) The plaintiff covered her card on the 52nd number and attempted to claim the $10,000.00 jackpot. The Lions Club refused to pay the $10,000.00 claiming that the correct number for winning the jackpot was 51. However, plaintiff was paid the customary $1,000.00 consolation prize for being the first person to cover her card. Plaintiff filed suit for the remaining $9,000.00. The Lions Club filed a third party demand against Morgan City Newspapers, Inc., alleging that the Lions Club did not authorize St. Mary Journal to advertise 52 numbers for the May 30, 1986 jackpot game, and that if it was held liable to the plaintiff because of the error, then the third party defendant would be liable to the Lions Club for the amount of the judgment.

The trial court dismissed the third party claim against Morgan City Newspapers, Inc., finding that the error in the advertisement was caused by the Lions Club. The court further found that no contract was formed between the plaintiff and the Lions Club because there was no "meeting of the minds" concerning the number required to win the jackpot. However, the trial court concluded that because the plaintiff relied on the advertisement to her detriment, the Lions Club was liable to the plaintiff for detrimental damages in the amount of $4,000.00. The Lions Club appealed, urging that the trial court erred in dismissing Morgan City Newspapers, Inc., in awarding $4,000.00 damages, and in casting defendant for costs. Plaintiff answered the appeal seeking an increase in her award. Third-party defendant also answered the appeal seeking affirmance of the dismissal of the Lions Club's third-party demand.

FACTS

In 1986 the Morgan City Lions Club conducted bingo games every Friday night. The Lions Club advertised its games on a regular basis in the St. Mary Journal which was delivered every Wednesday. Approximately 13 bingo games were played every Friday night. Ordinarily the 12th game of the evening was the blackout jackpot game with a prize of $10,000.00. The blackout game required the players to cover every *1198 number on their card within a pre-designated number of balls. If no one covered his or her card within the predesignated number of balls, the game would continue until someone covered a card, at which time a consolation prize of $1,000.00 would be awarded. The number of balls allowed to win the jackpot would start at 50. In January and February of 1986, the Lions Club increased the allowed number of balls every week. In March, 1986, because of decreased profits, the Lions Club allegedly decided that it would change the required number to win the jackpot on the 1st and the 15th of every month instead of every week. This policy change was not communicated to the public. From March 1, 1986, through May 30, 1986, the number required to win the jackpot was changed on the 1st and 15th of the month, which was also every other week. But May 30th was the fifth Friday in the month of May. Apparently, the fact that the number had changed every other Friday for the previous 10 weeks led many people to believe that the Lions Club policy was to change the jackpot number every other week. The testimony of several Lions Club members reveals that even some of the members were not sure when the number was scheduled to be changed.

The plaintiff was a regular bingo player at the weekly Lions Club games. She saw the advertisement in the St. Mary Journal on May 28, 1986, and assumed that the required number to win the jackpot on May 30th would be 52 numbers. On May 30th the plaintiff arrived at the bingo game early, purchased her bingo cards and eventually covered her card in 52 numbers during the blackout jackpot game. The plaintiff attempted to collect the $10,000.00 prize and was informed that she was only entitled to the $1,000.00 consolation prize because the caller had made a mistake and called one too many numbers.

The plaintiff testified that no announcement concerning the error in the newspaper was made before or during the jackpot game, nor was any announcement made concerning the number required to win the jackpot. Plaintiff further testified that there were no signs posted in the bingo hall telling the number to win the jackpot.

Mrs. Audrey Bradford, who attended the May 30th bingo game, did not recall any announcements prior to the jackpot game concerning the number required to win. She also testified that on May 30th there were no signs on the wall indicating the required number to win the jackpot. However, the following Friday night she noticed a sign which stated the required number to win the jackpot and which also stated that the number to win the jackpot would be changed on the 1st and the 15th of the month.

Mrs. Helen Marshall attended the May 30th bingo game and testified that the caller announced on ball number 52 that it would be the last number for the jackpot. She did not remember whether the caller announced anything before the jackpot game but she recalled that the number to win was 52.

Mrs. Barbara Turner, plaintiff's sister, also attended the game and stated that there was no announcement concerning the error in the newspaper. Mrs. Turner testified that the caller, Mr. Elmer Howard, announced prior to the jackpot that the required number to win was 52. She also stated that Mr. Howard announced that ball 52 would be the last ball for the jackpot prize.

The remaining witnesses, with the exception of Mrs. Honorina Howard and Clarence Walker, were Lions Club members on May 30, 1986.

Mr. Elmer Howard testified that he was the caller for the second half of the bingo games on May 30, 1986, which included the jackpot game. He stated that he announced the number 51 to win the jackpot game prior to calling any games and also immediately prior to the jackpot game. He also testified that he announced that ball 51 was the last ball to win. He testified that there was a sign on the wall behind him stating that the required number to win the jackpot was 51. Although Mr. Howard was a Lions bingo caller for approximately 3 1/2 years prior to May 30th, he did not recall that the Lions Club had *1199 previously increased the number to win the jackpot every week. He also testified that he did not know about the May 28th advertisement.

Mrs. Honorina Howard stated that her husband announced the number 51 before the jackpot game and on the 51st ball. She also testified that she did not know about the advertisement and that she did not recall a sign with the jackpot number but that there usually was one.

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588 So. 2d 1196, 1991 La. App. LEXIS 2888, 1991 WL 226456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-morgan-city-lions-club-lactapp-1991.