In his on-going litigation against Nexstar and its Indianapolis affiliate Channel 8, Derek Daly has filed another lawsuit against former Indianapolis Colts broadcaster Bob Lamey, current radio talk show host Joe Staysniak, the Indianapolis Colts and Emmis Communiations.
Daly was fired from his racing analyst job at Channel 8 in 2018 after former Emmis broadcast engineer Sharlene Birdsong overheard Lamey telling Staysniak a story off-air about Daly using a racial slur back in 1983. Birdsong filed a complaint with Emmis human resources department about Lamey and that information was passed along to the Colts, where Lamey had been the play-by-play man for four decades. He then resigned as the voice of the Colts.
While being interviewed by Larry Henry of WIBC during his rookie year at the Indianapolis 500, Daly referred to himself as the “****** in the woodpile” on his team if he didn’t deliver, and was immediately reprimanded by several people. The native of Ireland apologized on air, and admitted he didn’t realize that word’s implications in America.
According to her 2019 deposition in the case of Daly vs. Nexstar, Birdsong testified that Lamey said the phrase to Staysniak, while attributing the words to plaintiff Daly, “there aren’t any ******* in this race.”
On Nov. 27, 2019, the suit contends that Lamey gave testimony under oath that directly contradicted Birdsong. He said that while re-telling the story to Staysniak of what he allegedly heard 35 years prior, Lamey used the phrase ‘I’ll be the ****** in the woodpile’.
The suit contends that Lamey’s testimony contradicts the statements he made to Daly over lunch on Dec. 18, 2019 – a conversation that was recorded by the plaintiff. In that conversation, Daly asks Lamey what he said to Staysniak on Aug. 14, 2018 when re-telling the story from 1983. “Is anybody holding back at the Speedway, does anybody sandbag here?,” is what Lamey allegedly asked Daly. Lamey responds that Daly says: “Yes.” Then Daly allegedly says to Lamey: “And the answer, there are no ******* in this race?” To which Lamey replies: “Yes.”
According to the suit, on Jan. 31, 2020, Staysniak’s sworn testimony matched with Lamey’s and contradicted Birdsong’s. The former Colts’ lineman also testified that Lamey said the “I’ll be the ****** in the wood pile” phrase when re-telling what he allegedly heard during an off-air conversation in 2018.
At Birdsong’s deposition on Oct. 25, 2019, counsel for the parties of Daly vs. Nexstar were informed by Birdsong’s attorney there was an agreement between Birdsong and Emmis that prevented her from disclosing certain information and answering certain questions about the events of Aug. 14, 2018.
Daly alleges that Emmis, Staysniak and Lamey conspired to conceal the true facts of the events of Aug. 14, 2018 and what was said by Lamey and Staysniak, about Daly’s comments 35 years prior, which were overheard by Birdsong. He also alleges they committed fraud and knowingly conspired to give false and misleading information, under oath, regarding the events of Aug. 14, 2018, which is a material fact in the case of Daly vs. Nexstar. And he alleges that Emmis conspired to conceal the facts and obstruct and interfere with the judicial proceedings of this case by attempting to silence their employee, Birdsong, with a non-disclosure agreement, which would prevent her from giving full and complete testimony is Daly vs. Nexstar.
The suit claims the Colts are vicariously liable for the actions of its agents, which Lamey still was when he made his off-air comments during a radio show on the Colts’ sister station, 93.1 FM.
Daly is seeking monetary damages, but no amount was given.