Sleeping Fan Sues ESPN, MLB For Defamation

Monday Jul 7 | Posted by: roboblogger | Full story: Midwest Georgia's Magic 98.1

A fan shown sleeping in the stands during ESPN's broadcast of a Yankees-Red Sox game in April is suing the network, Yankees and Major League Baseball for ten-million-dollars for defamation.

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Dr Reker s Bellhop

Philadelphia, PA

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#1
Monday Jul 7
 

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"Victim of an 'unending verbal crusade' by ESPN announcers Dan Shulman and John Kruk, who referred to him as oblivious, unintelligent and stupid."

Those were matters of opinion, and thus not defamatory. Until the guy filed the lawsuit. Now those opinions appear to be factually true, and thus not defamatory.

The guy was already sleeping; now he wants to settle. Isn't that redundant?
Instigator

United States

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#2
Monday Jul 7
 

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Maybe it's just me... but I didn't even hear the "oblivious, unintelligent and stupid" part. Maybe there was more that just wasn't said on the short video clip I watched.

Interesting question Philly, and in truth.. I personally have no idea how the law applies in these sorts of situations. But as there are videos on TV shows being shown with people doing stupid things all the time, sometimes even with paid actors making smart arsed comments... I doubt if the guy gets very far with his lawsuit.

It's not a really good idea for a fan to not be paying attention while at a MLB game, for obvious reasons, as a hard enough hit foul ball could kill a person. But it's easy to imagine a guy that may have worked all day when attending a night game, and would then be prone to doze off even with all the noise.While he probably didn't appreciate the unwanted (or undeserved) attention, I doubt he has a leg to stand on in his suit law.
Instigator

United States

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#3
Monday Jul 7
 
Edit on the last sentence.... make that law suit. :)
Dr Reker s Bellhop

Philadelphia, PA

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#4
Monday Jul 7
 
Instigator wrote:
I personally have no idea how the law applies in these sorts of situations. But as there are videos on TV shows being shown with people doing stupid things all the time, sometimes even with paid actors making smart arsed comments... I doubt if the guy gets very far with his lawsuit.
I agree, but I think he'll get what he wants: Some sort of financial settlement that will for a lesser amount than going to any sort of trial would cost either side.

I'm just assuming the guy and the reportage didn't simply make up the part about the verbal abuse directed at him....
PB in Saint Paul

Saint Paul, MN

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#5
Monday Jul 7
 

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Let me guess....the guy's an out of work lawyer.....;-)

“Hippie Single DAD, vet, Honest”

Since: Apr 11

Steamboat Sprgs Colorado

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#6
Monday Jul 7
 

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It seems it would be worth their time to spend as much Money as they have or need to ,TO KEEP IT IN COURT ,until this guy is completely broke,worn out or just more pizzed off,just to keep others from doing it also.

Large corporations would have to stand at the gate with a blank check book if they paid for EVERY complaint made. Rick

“Denny Crain”

Since: Jan 11

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#7
Tuesday Jul 8
 

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wichita-rick wrote:
It seems it would be worth their time to spend as much Money as they have or need to ,TO KEEP IT IN COURT ,until this guy is completely broke,worn out or just more pizzed off,just to keep others from doing it also.
Large corporations would have to stand at the gate with a blank check book if they paid for EVERY complaint made. Rick
He probably has a lawyer who isn't charging him anything so he has no skin in the game and the lawyer knows they will settle rather than the expense of going to court. I like the way they do it in England where loser pays
Mechanic

Campti, LA

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#8
Tuesday Jul 8
 

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If he was smart, instead of suing he should market his self for a NoDoz commercial.. The video already has tons of free exposure and I think NoDoz would jump on it...

“SEMPER FI”

Since: May 14

DO OR DIE

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#9
Tuesday Jul 8
 

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Denny CranesPlace wrote:
<quoted text> He probably has a lawyer who isn't charging him anything so he has no skin in the game and the lawyer knows they will settle rather than the expense of going to court. I like the way they do it in England where loser pays
lawyers no longer charge .. only i9f they win the case ..t5his is a loser

why they work at no charge ???? well a percentage of a award is greater than a flat hourly rate ..

“SEMPER FI”

Since: May 14

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#10
Tuesday Jul 8
 

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his right to privacy doesn't exist in public ...

“Hippie Single DAD, vet, Honest”

Since: Apr 11

Steamboat Sprgs Colorado

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#11
Tuesday Jul 8
 

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"Ticket holder grants permission to reproduce his/her likeness."

printed ON ticket.

Taken from local paper,not sure if it's true or not . Rick

“SEMPER FI”

Since: May 14

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#12
Tuesday Jul 8
 

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if that were the case we never would have photos of person committing crimes ....crowd scenes etc etc

asinine lawsuit , he will get nothing zero zip zilch nada

not from the court

“Nature's Finest”

Since: Jun 14

"Puget Sound"

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#13
Tuesday Jul 8
 

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Photographs of persons in public places is within the rights of the media. However, derogatory remarks ae frowned upon. Is it possible to determine intellect from a still image?

“SEMPER FI”

Since: May 14

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#14
Tuesday Jul 8
 
_Believer_ wrote:
Photographs of persons in public places is within the rights of the media. However, derogatory remarks ae frowned upon. Is it possible to determine intellect from a still image?
who said it was derogatory ????????? I heard stars called idiots and dumb

“Nature's Finest”

Since: Jun 14

"Puget Sound"

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#16
Tuesday Jul 8
 

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tora tora tora wrote:
<quoted text>
who said it was derogatory ????????? I heard stars called idiots and dumb
Would you not believe it to be disparaging as to refer to a person as stupid or unintelligent?

Since: Jan 11

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#17
Tuesday Jul 8
 

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He should sue his parents for raising him to be stupid, fat and lazy.

“...the wife wants a new car...”

Since: Jun 08

...and she's doin' research...

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#18
Tuesday Jul 8
 

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Naughtyrobot wrote:
He should sue his parents for raising him to be stupid, fat and lazy.
...if it looks like a duck, and walks like a duck.....etc.........

“SEMPER FI”

Since: May 14

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#20
Tuesday Jul 8
 
_Believer_ wrote:
<quoted text>Would you not believe it to be disparaging as to refer to a person as stupid or unintelligent?
no ......... what an idiot... buy a ticket to sleep in a seat with a crowd ....instead of a comfy bed in peace .. lack of intelligence....and it is only an opinion pure and simple

“SEMPER FI”

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#21
Tuesday Jul 8
 
Matlock wrote:
<quoted text>Incorrect. Misleading. Excellent lawyers will charge up to thousands of dollars an hour or more, because they can. They're good, rarely lose, and have big business, Hollywood starlets or Donald Trump type clientele who can afford them.
The local yokel guy chasing ambulances does the pro bono work and there are plenty of those but to say no one charges, nope totally errant.
Nice try.
lawyers have a flat rate &120 per ...specialist charge more

lawyers typically charge a flat fee.... Contingent means that the attorney takes no fee from the client up-front, but gets a percentage typically one-third

“SEMPER FI”

Since: May 14

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#23
Tuesday Jul 8
 

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Most lawyers bill by the hour. Rates vary significantly, depending on any number of factors.......believe it or not, rates may vary anywhere from $50 an hour to a $1,000 an hour or more.......think of it in terms of how professional athletes are paid: all of them are paid pretty well, but some make millions more than others.

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