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Fan shown sleeping on broadcast suing Yankees, ESPN for defamation

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Takao

Banned
The Smoking Gun:
JULY 7--A fan who was shown sleeping during an ESPN broadcast of a recent New York Yankees-Boston Red Sox game is suing the TV network and two of its announcers for allegedly disparaging him during the telecast, according to a lawsuit seeking $10 million in damages.

Andrew Rector, 26, nodded off during the fourth inning of an April 13 contest at Yankee Stadium, and was shown on TV with his head slumped to the side as he snoozed in his second-row seat in the ballpark’s lower level.

ESPN announcer Dan Shulman referred to the sleeping fan as “oblivious,” while John Kruk, the network’s color commentator, noted that the ballpark was “not the place you come to sleep.” Shulman also wondered whether the fan had slept through a third inning home run by Yankee Carlos Beltran (which, Shulman said, prompted the crowd of 45,000 to “stand up and cheer”).

In his complaint, which was filed this month in State Supreme Court in the Bronx, Rector contends that he was subjected to an “unending verbal crusade” by the ESPN announcers. The comments caused Rector, seen at right, emotional distress, according to the July 3 lawsuit.

Rector’s lawsuit, which was first reported by Courthouse News Service, also names the Yankees and Major League Baseball as defendants.

MLB is being sued for including video of Rector snoozing as part of the Sunday night game's highlights package uploaded to mlb.com. The video apparently prompted viewers to post comments mocking Rector for falling asleep during the game.

Strangely, the lawsuit attributes these online putdowns to Shulman and Kruk. The announcers, the complaint alleges, used words like “stupor, fatty, unintelligent, stupid” to disparage Rector, who works for a Bronx-based auto leasing firm.


Rector, who did not return a TSG message left at his office, alleges that he was defamed by comments portraying him as a “fatty cow that needs two seats” and a “confused disgusted and socially bankrupt individual.” During a brief interview, Rector’s lawyer, Valentine Okwara, said that he would only answer press questions after each of the lawsuit’s defendants had been served with a copy of the complaint.

Though Rector is suing the Yankees for his purported humiliation at the ballpark, he still lists the Bronx Bombers among his three favorite teams on his Facebook page. (3 pages)

A video is embedded at the source.

Uh, I don't really see anything horrible about what the broadcasters said ... It seems he's really just suing because of internet insults?
 
clipons_490347.jpg


*fans give us incredible gifs.
Jacksonville Jaguars fan
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Stop! girl
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and the horde of World Cup fans gifs (creepy Argentina fan)
untitled-5jmj4o.gif
 

Einbroch

Banned
Pretty sure when you enter the stadium you can be recorded and your likeness/voice can be played on TV. Otherwise they would never do crowd shots because they'd have to ask every single person's permission before putting it on live TV.

Greedy moron being a greedy moron.
 

AntoneM

Member
Dude probably feels bad about the weight gain (judging by the video and then the picture in the article) and I'm sure this didn't help; but, c'mon man!
 

mre

Golden Domers are chickenshit!!
i think your ticket pretty much says you agree to be filmed etc etc....

10 million, those are some damages.
Had the commentators actually called the plaintiff: “fatty, unintelligent, stupid" then he may have the basis for a lawsuit. Regardless of what his ticket said about being filmed. Seeing as how those were not made by the Defendants, then... well, he doesn't.

Also $10m in damages is ridiculous.
 

JABEE

Member
Actually they did spend alot of time talking about him. kinda ridiculous.

I also don't think his problem was with the broadcast. He was annoyed that his sleeping was uploaded to MLB.com and the MLB At Bat Application as a highlight. They repackaged his sleeping to be ridiculed by baseball fans.
 
Pretty sure when you enter the stadium you can be recorded and your likeness/voice can be played on TV. Otherwise they would never do crowd shots because they'd have to ask every single person's permission before putting it on live TV.

Greedy moron being a greedy moron.

Well he doesn't seem to be suing for being filmed, it had more to do with the insults the commentators threw at him:

the complaint alleges, used words like “stupor, fatty, unintelligent, stupid” to disparage Rector,

I mean those seem like pretty harsh words for just nodding at a baseball game (which is totally understandable by the way, I've tried to watch a game and I understand).
 
I know the law isn't the same but some dude successfully sued a portuguese TV channel because they showed him making an obscene gesture during a football match (he was in the stands) and then re-used that image during some promos.

I think he was in the right in the portuguese case - being in public doesn't remove every expectation of privacy.
 

see5harp

Member
Bring a glove to the game and don't fall asleep. 10 million in damages is ridiculous. He should pay ESPN for the publicity.
 

Einbroch

Banned
I mean those seem like pretty harsh words for just nodding at a baseball game (which is totally understandable by the way, I've tried to watch a game and I understand).

They didn't use those words, at all. All they said was he was sleeping and had a quick laugh that a guy was sleeping at a baseball game. It's the randoms on the internet that are calling him those things.
 
Strangely, the lawsuit attributes these online putdowns to Shulman and Kruk. The announcers, the complaint alleges, used words like “stupor, fatty, unintelligent, stupid” to disparage Rector, who works for a Bronx-based auto leasing firm.

Well this seems fair to me then. It's one thing to show him sleeping, it's another to throw direct insults.
 
Pretty sure when you enter the stadium you can be recorded and your likeness/voice can be played on TV. Otherwise they would never do crowd shots because they'd have to ask every single person's permission before putting it on live TV.

Greedy moron being a greedy moron.

There's always the risk of IIED. Obviously, this isn't the case here.
 
Personally I would have been excited that the commentators talked about me on air and would have tried to find a recording to show friends and family, I certainly would not try to sue them.
 

smokeymicpot

Beat EviLore at pool.
I also don't think his problem was with the broadcast. He was annoyed that his sleeping was uploaded to MLB.com and the MLB At Bat Application as a highlight. They repackaged his sleeping to be ridiculed by baseball fans.

Yeah he was everywhere for that first couple of weeks.
 
I also don't think his problem was with the broadcast. He was annoyed that his sleeping was uploaded to MLB.com and the MLB At Bat Application as a highlight. They repackaged his sleeping to be ridiculed by baseball fans.

Damn. MLB milking its fans for profit and ridicule.

Doesn't your ticket say something to the effect of: you don't have any privacy at a baseball game?
 

Mesoian

Member
This might be a case in which the lawyers get paid if he wins.

I can't imagine a single case where he could possibly win this. Maybe a "shut up and sit down" settlement, but if he's going to the supreme court...

Though I suppose the lawyer will get paid either way.
 

mre

Golden Domers are chickenshit!!
Well he doesn't seem to be suing for being filmed, it had more to do with the insults the commentators threw at him:



I mean those seem like pretty harsh words for just nodding at a baseball game (which is totally understandable by the way, I've tried to watch a game and I understand).

Well this seems fair to me then. It's one thing to show him sleeping, it's another to throw direct insults.
Did you guys even read the article?
 
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