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"I got set up perfectly for both goals," he s
in Redensarten 04.06.2019 03:56von miaowang123 • 227 Beiträge
Well, Rector was none too pleased. When he awoke from his slumber, he sued ESPN, MLB, the Yankees and ESPN announcers Dan Shulman and John Kruk for defamation and intentional infliction of emotional distress. He is asking for $10 million.To say the least, the language in the claim is peculiar, complete with misspellings and ambitious grammatical choices. Page two of the Claim gets right down to business: "On or about April 13, 2014, the plaintiff was at the rivalry game between the Boston Red Sox and New York Yankees. It is well known that the rivalry between the New York Yankees and Boston Red Sox is always the biggest in all of sport. For decades millions of people all over the world turn out or tune in to watch these games. Plaintiff accordingly was at this game." Claims Being Made In his lawsuit, he alleges that ESPN and MLB engaged in "unending verbal crusade" against the sleepy plaintiff. Specifically, his claim states as follows: (a) "Announcers like Dan Shulman and John Kruck (sp) unleashed avalanche of disparaging words against the person of and concerning the plaintiff. These words, include but not limited to stupor, fatty, unintelligent, stupid". (b) "John Kruck (sp) in his verbal attack insinuated that the plaintiff is individual that know neither history nor understood the beauty or rivalry between Boston Red Sox and New York Yankee." (b) "The defendant Major league Baseball continually repeated these vituperative utterances against the plaintiff on the major league baseball web site the next day. These words and its insinuations presented the plaintiff as symbol of anything but failure." (I think they meant to write "these works and its insinuations presented the plaintiff as a symbol of failure".) He goes on to say that the defendants "negligently or maliciously published false, defamatory statements of fact about the plaintiff, a private individual". As a result, his reputation was damaged. The false statements alleged include the following: - Plaintiff is unintelligent and stupid individual. - Plaintiff is not worthy to be fan of the New York Yankee. - Plaintiff is a fatty cow that need two seats at all time and represent symbol of failure. - Plaintiff is a confused disgusted and socially bankrupt individual. - Plaintiff is confused individual that neither understands nor knows anything about history and the meaning of rivalry between Red Sox and New York Yankee. - Plaintiff is so stupid that he cannot differentiate between his house and public place by snoozing throughout the fourth inning of the Yankee game. Defamation Defamation refers to a false statement that is likely to lower the reputation of a person in the eyes of reasonable people. The law protects your reputation against defamation. If someone defames you, you can sue for money (called "damages") for harming your reputation. Heres what Kruk and Shulman said: Shulman: This guys oblivious to how good [MLB TV] is... Kruk: Sometimes you have to turn it off to get some sleep. This is not the place you come to sleep. I tell you what though, how comfortable is that? Probably wont have any neck problems tomorrow. Shulman: I mean, is that guy to his left his buddy? Is he just letting him sleep, or is he here alone? Whats the deal with this guy?Kruk: Maybe thats his buddy and he likes him a lot better when hes asleep.Shulman: I think the other guys more concerned with the food and the game.Kruk: Chicken fingers are a special item at the ballpark. Why share? Get em while hes asleep so he wont ask for one.Shulman: Weve gotta see how long this guys out for.Kruk: Its only the fourth inning, you dont think he could sleep through –Shulman: Did he sleep through the Beltran homer? I mean, 45,000 people stand up and cheer and he sleeps through it?Kruk: Youd think itd be tough to, but he seemed comfortable. It didnt look like he just started to sleep.Is this defamation? No. To be clear, Im saying no. Contrary to Rectors allegations, it is simply untrue that Kruk and Shulman "unleashed (an) avalanche of disparaging words". They did not refer to him as stupid, unintelligent or a fatty cow. Frankly, the guy sitting to Rectors left may have gotten the worst of it when Shulman said hes more "concerned with the food and the game". Even that is fine. So Kruk and Shulman did not engage in defamatory comments. Intentional Infliction of Emotional Distress In order to make out this claim, the statements need to be outrageous and extreme. Its conduct that goes beyond all reasonable bounds of decency, and when a reasonable person hears it, he or she needs to respond with something like "Thats outrageous!!!". Courts have even repeatedly concluded that insults and indignities fall short of that test. So Rector will also fail on this count. The comments were not outrageous or extreme. Rather, the comments were innocuous and playful. If anything, restraint was exercised. By the way, the lawsuit alleges that ESPN and MLB engaged in unlawful activities. The Yankees were just hosting the game, and should not have been named as a defendant. They werent involved. That being said, no one should have been named as a defendant. The lawsuit lacks merit. As a result, expect the parties to move to have this lawsuit kicked out of court on the basis that it is frivolous. Andre Johnson Jersey . It was the first game back in Columbus for Rangers star Rick Nash, the Blue Jackets franchise leader in goals, assists and games. He was given a standing ovation during a video tribute in the first period, but was booed loud and long after a second-period, two-handed shove up high on Columbus goalie Sergei Bobrovsky. J.J. Watt Jersey . The CFL will help tackle womens cancers by playing four special "CFL PINK" games this weekend. http://www.officialhoustontexanspro.com/Deshaun-watson-texans-jersey/ . - Ronda Rousey realizes shes finishing up one of the biggest years for any fighter in the young history of mixed martial arts at UFC 168, and the UFCs bantamweight champion intends to go out on top. Custom Houston Texans Jerseys . Jacobs scored two in the first end, but Jahr briefly took charge with two in the second end and two more in the third. Jacobs, from Sault. Marie, Ont., gave Canada some breathing room, following his big fourth end by adding two more points in the fifth to go up 7-4. Justin Reid Jersey . Not Peyton Manning. Hes holding on to the heartache to stoke his competitive fire. SUNRISE, Fla. -- Max Pacioretty kept the Montreal Canadiens on a roll. Pacioretty had two goals and an assist to help the Canadiens extend their winning streak to five games with a 4-1 victory over the Florida Panthers on Saturday night. Thomas Vanek added a goal and an assist for Montreal and Carey Price made 36 saves. David Desharnais had an empty-net goal. This was the first time Pacioretty has scored goals against the Panthers. Coming into the game, Pacioretty had never scored on 50 shots in 16 career games against the Panthers, although he did have eight assists. "Its a good feeling. I havent been able to score against this team so its nice to come into this building a put a few on the board," Pacioretty said. Both of Paciorettys goals were similar; standing near the crease and waiting for a pass to redirect into the net. "I got set up perfectly for both goals," he said. Paciorettys second goal put the Canadiens ahead 3-0 in the second period. Pacioretty camped at edge of the crease and tipped in a pass from Desharnais at 14:00 for his 35th of the season, a career high. Pacioretty has 11 points in his past 10 games. "Nothing really special (about the number of goals) Im trying to get better every year, and every year my game has gotten better," Pacioretty said. The Canadiens are playing their best hockey at an opportune time, winning eight of their past nine. "Obviously, were trying to make a push toward the playoffs. Its all about timing and being able to play well at the right time," Price said. The Canadiens seem to be hitting a groove, with good efforts from top players such as Pacioretty and Vanek and solid goaltending from Price. "They played really well again tonight," Canadiens coach Micheel Therrien said.dddddddddddd "The chemistry is there; they are having a lot of fun playing together and it worked out again tonight." Brad Boyes scored for Florida and Dan Ellis stopped 15 shots for the Panthers, who have lost five of their past six games. The Panthers closed to 3-1 on Boyes goal. Boyes took a pass from Sean Bergenheim and wristed it past Price at 16:09 of the second. Boyes leads the Panthers with 19 goals, but that was his first in eight games. "No finish. We generated a lot of shots, a lot of chances ... again, a lack of scoring obviously hurt us," Boyes said. The Canadiens two leading scorers each had goals in the first. Montreal went ahead 2-0 on the first goal by Pacioretty. Daniel Briere passed from the left side across to Pacioretty at the right side of the crease, who tipped it in with 2:57 left in the first. The Canadiens took a 1-0 lead on Vaneks goal. Vanek took a shot from the slot that Ellis blocked but the puck drifted under Ellis pads toward the net. Ellis couldnt find the puck but Vanek did and he skated in and poked it in at 10:47 of the first, his 27th of the season. Vanek has six goals and 10 points over his past seven games. Desharnais empty-net goal came with 23.4 seconds left. "Price was the biggest difference," Panthers coach Peter Horachek said. "Theyre a very mature team that capitalizes on their chances." Panthers goalie Roberto Luongo missed the game after sustaining a neck injury during a collision with Carolinas Radek Dvorak on Thursday. Luongo is day to day. NOTES: The Panthers recalled Scott Clemmensen from AHL San Antonio on Saturday to back up Ellis. ... Canadiens C Tomas Plekanec missed Saturdays game due to personal reasons. 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