Judge dismisses $10million lawsuit filed against ESPN announcers because they poked fun at Yankees fan who fell asleep

One baseball fan's desire to make money for sleeping has been put to bed by a judge who says he had no legal basis to sue the ESPN announcers who made fun of him for dozing off during a game.

Andrew Rector, a used car salesman from the Bronx, was caught sleeping in his seat by a camera during a game between the Boston Red Sox and New York Yankees in April last year.

The drowsy fan later made national headlines by suing MLB Advanced Media, the Yankees, ESPN and announcing team Dan Schulman and Jon Kruk for $10million after they discussed his unusual behavior.

Rector, who was greeted by a round of applause from the stadium when he woke up, said he suffered 'mental anguish' because of the ordeal.

He alleged in his suit that the broadcasters published statements against him that allegedly called him a 'fatty cow', 'stupid', 'socially bankrupt' and a 'symbol of failure'.

Though Schulman and Kruk said none of those words, Rector's suit said that the announcers and ESPN 'set the stage' for him to be defamed by Internet users who did.

The clip was replayed on ESPN and Rector experienced the kind of vile derision that Internet commenters are known for.

Dismissing the suit, Rodriguez said that 'a defendant cannot be found liable for a libelous or defamatory statement that they did not publish'.

SOURCE