Sleeping Yankees Fan Sues Because He Was Recorded Sleeping, Defamed

So, the sleeping Yankees fan woke up in time to litigate.

Andrew Rector filed a $10 million defamation lawsuit against ESPN, the New York Yankees, ESPN play-by-play announcer Dan Shulman, ESPN color commentator John Kruk and Major League Baseball, according to the New York Post. Rector, who in Bronx Superior Court admitted he did sleep during part of the game, claims both Shulman and Kruk used disparaging language while talking about him during the televised contest versus the Boston Red Sox.

Rector’s lawsuit, filled with typographical errors, claim he “suffered substantial injury” to his “character and reputation,” as well as “mental anguish, loss of future income and loss of earning capacity.” It also says Rector was made out to be “a confused individual that neither understands nor knows anything about history and the meaning of rivalry between Red Sox and New York Yankee.” Rector’s suit also claims Shulman and Kruk made “false statements that Rector is “not worthy” to ‘be a Yankee fan and “is a fatty cow that need two seats at all time and represent symbol of failure.”

According to the Los Angeles Times, game commentators made fun of Rector while the camera showed him sleeping, using such words as “‘stupor, fatty, unintelligent and stupid’ knowing and intending the same to be heard and listened to by millions of people all over the world, including people who know the plaintiff or interacted with the plaintiff in person.” The lawsuit also accuses the defendants of juxtaposing Rector’s sleeping image with other pictures, further damaging his reputation.

Major League Baseball has posted a video on Youtube, with the title Fan sleeps in stands during game vs. Red Sox, showing the napping Rector with eyes closed, his head listing to the right. The audio from the video shows both Shulman and Kruk surprised to see a napping fan. “It’s only the fourth inning!!”, replies Kruk. “Did he sleep through the [Carlos] Beltran homer? I mean 45,000 people stand up and cheer, and he sleeps through?” Shulman asked. “I think it would be tough to, but he seemed pretty comfortable,” Kruk answered. “It didn’t look like he just started to sleep.” The recording doesn’t include any of the inflammatory language Rector claimed was used during the broadcast, which Rector says “by millions of people.”

ESPN issued a statement, “The comments attributed to ESPN and our announcers were clearly not said in our telecast. The claims presented here are wholly without merit.” The Yankees and Major League Baseball did not comment on the suit.