A judge has tossed the $10 million defamation lawsuit of a drowsy Yankees fan who sued ESPN for mocking him on air when he fell asleep in his seat during a home game.
Used car salesman Andrew Rector had claimed that ESPN announcers Dan Shulman and ​former Major Leaguer ​John Kruk defamed him by showing his image and riffing on the lop-headed, dead-to-the-world nap he took during a July 2014 ​Yankees-​Red Sox game.
The judge agreed that Shulman and Kruk did marvel at Rector’s ability to sleep through the standing ovation that followed a Carlos Beltran homer, and made a passing comparison to the sleeping fan’s girth and that of the hefty Kruk.
But Rector was on camera for only a total of 31 seconds, the judge noted in her decision, first reported by The Smoking Gun.
Used car salesman Andrew Rector had claimed that ESPN announcers Dan Shulman and ​former Major Leaguer ​John Kruk defamed him by showing his image and riffing on the lop-headed, dead-to-the-world nap he took during a July 2014 ​Yankees-​Red Sox game.
The judge agreed that Shulman and Kruk did marvel at Rector’s ability to sleep through the standing ovation that followed a Carlos Beltran homer, and made a passing comparison to the sleeping fan’s girth and that of the hefty Kruk.
But Rector was on camera for only a total of 31 seconds, the judge noted in her decision, first reported by The Smoking Gun.