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However, if the statement is defamatory per quod, special damages must be alleged to sustain the claim. Eight police officers were there, off duty with their weapons. Page Keeton et al., Prosser and Keeton on the Law of Torts § 112 (5th ed.1984)(in defamation per se, “existence of damage was conclusively presumed or assumed from the publication of the libel itself, without any evidence to show actual harm of any kind”). The son of the police woman stabbed the Mayor's bodyguard. There is an investigation underway by Internal Affairs, but nothing has happened. Plaintiffs first argue that Boyles's statements are defamatory per se because they allege criminal activity or serious sexual misconduct. Whether a statement is defamatory is a question of law. I have been told by my sources, do you really think, Peter, that we could jump eight armed off duty cops, stab one, take one's gun and get away with it. I'm here to tell you this happened.”“My personal belief is one of the police officers stabbed the other.
The traditional categories of slander per se are imputation of (1) a criminal offense; (2) a loathsome disease; (3) a matter incompatible with the individual's business, trade, profession, or office; or (4) serious sexual misconduct. One officer stabbed the other, that's what I was told ․ and I'm asking you what, and I understand, ah, ‘cause I said this earlier, the police, I understand, the police department much like the radios, ah, radio world, nothin’ happens that everybody doesn't know about ․ I was told that there was drinking, that, that an altercation took place, ah, that one officer stabbed another, that everyone has covered it up, hushed, hushed it.”“In other words, I talked to a couple of people that you and I both know and I, they said yeah, and not only did they say yeah, they said that it was an assault, the assault has been covered up, no one has filed any complaints.”Count II, April 11, 1997“We have another police story about what happened about a month and a half ago in the parking lot of Pierre's Supper Club, Twenty-first and Downing. There was drinking going on and a fight brought out between two of them.
The same is true of the two publications alleging domestic violence. This conclusion was also noted by the supreme court in its earlier decision. We cannot get, ah, Chief Michaud or Butch Montoya or for that matter, anyone, to talk with us this morning.
Although defamatory meaning must be apparent from the statement itself for a statement to be defamatory per se, whether the statement is directed at the plaintiff can be established by extrinsic proof without rendering the publication defamatory per quod. However, as discussed, the contempt and subsequent sanctions at issue here were not for the failure to reveal sources, but for Boyles's failure to timely reveal other nonprivileged information. 16 (“The trial court imposed sanctions on Boyles under C. In all other respects, the judgment is reversed, and the case is remanded to the trial court for further proceedings. APPENDIXCount 1, April 10, 1997“Um, there is another story that I have been working on for two days.
Van Horn, Denver, Colorado, for Plaintiffs-Appellants and Cross-Appellees. Defendants cross-appeal the trial court's order of contempt and imposition of sanctions pursuant to C. According to plaintiffs, Boyles asserted that Gordon, another Denver police officer, was the person who stabbed Thomas and that Gordon had a history of domestic violence and had engaged in an extramarital affair.
In this action concerning radio broadcasts of allegedly defamatory statements, plaintiffs, Bryan Gordon (Gordon) and Betty Gordon, appeal from the summary judgment entered in favor of defendants, Peter Boyles and Jacor Broadcasting of Colorado, Inc. From April 10 through 16, 1997, Boyles made statements on his radio talk show on KHOW, a station owned and operated by Jacor, regarding the fight and the alleged participants. If a libelous communication is defamatory per se, damage is presumed, and a plaintiff need not plead special damages. They never called, after the stabbing took place, they never called 911, they never called in back up, they never called for an ambulance. They said gang members jumped two of their, jumped these two and stabbed Officer Thomas and got away with the gun.