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The Issue with Frivolous Suits…

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Remember the man who fell asleep during a baseball game between the Yankees and the Red Sox in April? He is now suing MLB and the Yankees for allegedly allowing the news and the announcers for continually making jokes. The man is filed a lawsuit on July 3rd on account of defamation for $10 million.

Andrew Rector, the one that was caught taking a nap during a Yankees game, is claiming that the announcers and the authors of news articles “unleashed an avalanche of disbarring words.”

Dan Shulman and John Kruk were commentators for the game and were allegedly, according to Rector’s complaint, repeating that Rector is “not worthy to be a Yankee fan” and “is a fatty cow that needs two seats all the time and represent the symbol of failure.” He continued to claim that the announcers deemed Rector a “confused individual” that does not understand the history of the rivalry between the Yankees and the Red Sox.

As a result, Rector claims that his “character and reputation suffered substantial injury” as well as “mental anguish, loss of future income and loss of earning capacity.”

According to the New York Post, a YouTube video of the incident called, “Fan sleeps in stands during game vs. Red Sox,” includes an audio of Shulman and Kruk making comments about Rector, that they are surprised that Rector was sleeping during the fourth inning and jokes that Rector could possibly be famously-rotund Kruk’s due to his physicality.

However, the announcers did not specifically make comments that he is a “fatty” and “stupid,” as Rector claims in his suit along with the fact that “millions of people” had heard those words.

Rector’s lawyer, Valentine Okwara, only commented, “We’ll settle this in court.”

Rector was unavailable to comment, but his mother was able to warn, “it should send the message that idiots need to stay out of people’s business and not make fun of people who are harmless.”

ESPN was able to deny the claims “The comments attributed to ESPN and our announcers were clearly not said in our telecast. The claims presented here are wholly without merit.”

A representative for the Yankees has not come forward with a statement.

Frivolous litigation, which means a practice or the lawsuit that is being carried has no legal merit, is a common lawsuit that happens with sports. It is unfortunate that frivolous suits take up time of the judge and the courtroom, leading to delayed lawsuits that do have importance. Rector is making implications that Kruk and Shulman did not make, which is evident in the video.

Do you think Andrew Rector should continue with his lawsuit? Comment below or on Facebook!

 

 

 

 

 

 

Sources:

Mongelli, Lorena, David K. Li, and Bruce Golding. "Yankees Fan Caught Sleeping Suing ESPN for $10 Million." New York Post. NYP Holdings, 7 July 2014. Web. 08 July 2014.

Machir, Troy. "Yankees Fan Caught Sleeping on TV Sues ESPN, MLB for $10 Million." Sporting News. HUFFPOST, 8 July 2014. Web. 08 July 2014.

Joseph M. Ghabour
Auto, Bus, Pedestrian, Motorcycle accident, medical malpractice and worker's compensation attorney.
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