$12.8M lottery fight heats up as ex-manager reveals new defense

The legal battle over Arizona's disputed $12.8 million winning lottery ticket has taken another turn. After months of court hearings, deadline extensions, and unexpected twists in the high-profile case, the former Circle K manager at the center of the dispute has now filed his formal response to the lawsuit. In it, he argues he was simply following company policy when he purchased the ticket. The latest filing also introduces new evidence that could reshape the fight over who ultimately owns the life-changing jackpot.

New court filing

In the latest court filing, the former Scottsdale Circle K manager made a formal response to the lawsuit over the $12.8 million The Pick jackpot. Robert Gawlitza claims the company enforced a policy requiring employees to purchase leftover lottery tickets.

According to Gawlitza's attorney, Josh Kolsrud, Circle K had an unofficial policy requiring employees to buy accidentally printed lottery tickets valued at over $20. This was a measure used to penalize workers for accidental prints. Gawlitza followed that policy, purchasing the tickets while clocked out and receiving a receipt.

Kolsrud stated:

The bottom line here is he bought the tickets. He paid for them, obviously. He got a receipt. It was rung up by a Circle K employee on duty.

The attorney said the company's position changed only after the ticket’s value became known.

Kolsrud added:

They only changed their minds once he said, well, the winning ticket is 12.8 million. And then they said, whoa, hold on for a second. Now let's talk about that.

The original lawsuit

This whole case revolves around a disputed jackpot-winning ticket sold at a Circle K located at 5601 E. Bell Road, in Scottsdale, Phoenix. The legal fight is over who owns the ticket.

As Lottery USA previously reported, a customer visited the store, and the clerk printed $85 worth of The Pick tickets. However, the customer only paid for $60 worth before leaving the other tickets at the store.

One of those unsold tickets ended up matching all of the winning numbers drawn that night to win the $12.8 million jackpot. The next morning, Gawlitza allegedly heard that the jackpot-winning ticket had been sold at this store.

According to the lawsuit, Gawlitza then clocked out after finding the winning ticket, removed his Circle K uniform, and had another employee, Marline Ybarra, ring him up for the remaining tickets, including the winning one. Gawlitza and Ybarra were set to split the winnings 50-50.

Gawlitza never got a chance to claim the prize, as the Circle K confiscated it and filed the lawsuit. Both parties are claiming that they are the owner of the ticket.

Support for the manager's claim

This new filing also includes six affidavits from current and former Circle K employees who corroborate Gawlitza's account of the policy.

Kolsrud explained:

It’s not just Robert saying that Circle K had these policies. We have six affidavits from current and former Circle K employees who essentially say the exact same thing that Robert did, which is that Circle K had this unofficial policy forcing its employees to purchase accidentally printed lottery tickets.

With this filing, they are accusing Circle K of breaching the agreement, wrongfully keeping the ticket, and firing Gawlitza after he signed the back of the winning ticket.

In addition, Kolsrud is asking for a jury to decide who owns the ticket.

He said:

He's a guy who plays by the rules. And at the end of the day, we allege he was punished for it.

Enjoy playing the Arizona Lottery, and please remember to play responsibly.