Guy shown sleeping on ESPN during Yankees vs. Red Sox game sues for defamation
64 replies, posted
[url]http://consumerist.com/2014/07/07/guy-shown-sleeping-on-espn-broadcast-during-yankees-red-sox-game-sues-for-defamation/[/url]
[quote=The Consumerist]While yes, sporting events are the most important, serious endeavor and should be approached only with the utmost in respect and deepest reverence, sometimes things happen. Sometimes you need a nap, even during a game between the New York Yankees and Boston Red Sox. But one fan says the Yankees, ESPN, its announcers and a Major League Baseball organization defamed him by broadcasting his snooze on-air, allegedly calling him “fatty, unintelligent” and “stupid.”
The man is suing Major League Baseball Advanced Media, ESPN New York, the New York Yankees, and ESPN announcers Dan Shulman and John Kruk, in Bronx County Supreme Court, reports Courthouse News. He’s seeking $10 million in damages for defamation and intentional infliction of emotional distress.[/quote]
Good.
Honestly, I support the guy.
I've fallen asleep during baseball games before-- it's actually pretty easy to. Doesn't mean you should be humiliated in front of millions because of it.
What kind of unintelligent fatty does something this stupid?
Here's the video (which will inevitably get DMCA'ed, either from some supporter of him, himself, or a lawyer he's going to hire):
[media]http://www.youtube.com/watch?v=1FDrcWTSczs[/media]
"Defamation."
He just wants money and he damn well knows it.
This is kind of an odd case, because it's his own damn fault for falling asleep at a game like that, yet the announcers/casters definitely shouldn't be insulting him. Also $10 million is a bit steep.
But seriously of all games to fall asleep during, he does it at a Yankees/Red Sox game? That's just asking for criticism.
[QUOTE=Sigs367;45321631]But seriously of all games to fall asleep during, he does it at a Yankees/Red Sox game? That's just asking for criticism.[/QUOTE]
I'm not sure what you mean by that. Baseball games are all boring as fuck as far as I know.
[QUOTE=l337k1ll4;45321629]"Defamation."
He just wants money and he damn well knows it.[/QUOTE]
It's a pretty clear cut case of defamation. They can prove he's sleeping and would legally be allowed to call attention to it, they can't prove he's stupid. That's textbook slander.
[QUOTE=Zeke129;45321662]It's a pretty clear cut case of defamation. They can prove he's sleeping and would legally be allowed to call attention to it, they can't prove he's stupid. That's textbook slander.[/QUOTE]
And it's flaggable on YouTube too. Hm...
[QUOTE=Zeke129;45321662]It's a pretty clear cut case of defamation. They can prove he's sleeping and would legally be allowed to call attention to it, they can't prove he's stupid. That's textbook slander.[/QUOTE]
Tell me, when did you hear them call him stupid?
Because I watched the same video you did and apparently missed it.
Baseball is so boring the broadcasters would rather commentate a fat guy sleeping than the actual game.
[QUOTE=wickedplayer494;45321618]Here's the video (which will inevitably get DMCA'ed, either from some supporter of him, himself, or a lawyer he's going to hire):
[/QUOTE]
Where are the insults?
[QUOTE=l337k1ll4;45321629]"Defamation."
He just wants money and he damn well knows it.[/QUOTE]
and I'm sure you'd be perfectly fine with getting insulted in front of millions of viewers
And even if we did assume that they insulted him.
In what world does the "emotional distress" caused by a few extremely mild insults cost him 10 million dollars?
[QUOTE=wickedplayer494;45321618]Here's the video (which will inevitably get DMCA'ed, either from some supporter of him, himself, or a lawyer he's going to hire):
[media]http://www.youtube.com/watch?v=1FDrcWTSczs[/media][/QUOTE]
Does this video cover what he's suing for? I didn't hear them accuse him of being unintelligent or stupid in it. If they did then he very much has a case.
[QUOTE=Zeke129;45321662]It's a pretty clear cut case of defamation. They can prove he's sleeping and would legally be allowed to call attention to it, they can't prove he's stupid. That's textbook slander.[/QUOTE]
It's incredibly hard to sue for defamation and win (in America). It isn't enough that they called him stupid (that can be taken as an opinion anyway)- what he has to do is prove actual damages. Many states go even further then that- requiring proof that the "intent" of the defamation was to cause the damages.
Short version- he's going for a settlement and/or apology. Neither of which would be enough to cover his laywers charges.
[QUOTE=No_0ne;45321712]and I'm sure you'd be perfectly fine with getting insulted in front of millions of viewers[/QUOTE]
I'd be pissed but I wouldn't go crying to the court to make me a multi-millionaire because some guy said some mean things to me.
Even if they did call him stupid, vulgar abuse is pretty often not considered defamation, since opinion can't be proven false or true. (you can't prove or disprove stupidity)
[QUOTE=MatheusMCardoso;45321676]Baseball is so boring the broadcasters would rather commentate a fat guy sleeping than the actual game.[/QUOTE]
Baseball is a hell of a lot better than soccer
[QUOTE=No_0ne;45321712]and I'm sure you'd be perfectly fine with getting insulted in front of millions of viewers[/QUOTE]
I wouldn't be, but it's not exactly defamation. They'll apologize, give him a bit of money, and everyone will forget about it.
[QUOTE=l337k1ll4;45321673]Tell me, when did you hear them call him stupid?
Because I watched the same video you did and apparently missed it.[/QUOTE]
I would guess they cut back to him a few times, it isn't really clear.
I think even if he is insulted though an apology and maybe some tickets or something should make up for it. I think millions of dollars would be ridiculous.
[QUOTE=Loriborn;45321730](you can't prove or disprove stupidity)[/QUOTE]
IQ? As shitty as it is, it's still something.
[QUOTE=l337k1ll4;45321713]And even if we did assume that they insulted him.
In what world does the "emotional distress" caused by a few extremely mild insults cost him 10 million dollars?[/QUOTE]
I don't really agree with his asking price either but there's definitely something fundamentally wrong with them making fun of the fans who are essentially their customers
[QUOTE=No_0ne;45321790]I don't really agree with his asking price either but there's definitely something fundamentally wrong with them making fun of the fans who are essentially their customers[/QUOTE]
So send them an email and say "Hey I didn't really appreciate that."
You don't sue someone for 10 million dollars because they said mean things about you unless you're just looking for a payout.
[QUOTE=wickedplayer494;45321755]IQ? As shitty as it is, it's still something.[/QUOTE]
No. Maybe the sportscaster thinks someone who has an IQ of 150 and weighs 140lbs is stupid and fat. Thats his or her [i]opinion[/i]. Defamation is saying an individual did something they didnt.
[QUOTE=redBadger;45321736]Baseball is a hell of a lot better than soccer[/QUOTE]
oh boy here comes the "omg DAE le soccer/football/inser sport is boring!?!?!?!?!?!" circlejerk
[QUOTE=l337k1ll4;45321798]So send them an email and say "Hey I didn't really appreciate that."
You don't sue someone for 10 million dollars because they said mean things about you unless you're just looking for a payout.[/QUOTE]
As if they'd respond or even read it
He's probably just looking for a settlement anyways
[QUOTE=BurningPlayd0h;45321803]No. Maybe the sportscaster thinks someone who has an IQ of 150 and weighs 140lbs is stupid and fat. Thats his or her [i]opinion[/i]. Defamation is saying an individual did something they didnt.[/QUOTE]
Yeah but he said that as a representative of ESPN.
We're either missing half of the broadcast or this guy is just grasping at straws. The didn't insult him in the video at all.
$10 mil is a bit too much but i agree he should get compensated something
maybe $1 mil at most, $200k at least
[QUOTE=redBadger;45321736]Baseball is a hell of a lot better than soccer[/QUOTE]
At least soccer has actual physical movement for more than 10 second bursts every 15 minutes for 4 fucking hours.
[editline]7th July 2014[/editline]
And that's if the roided up idiots playing don't drag the terrible game out by tying.
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