Defamation claim against Denver newspaper can go to trial
By The Associated Press
12.30.02
DENVER — A man who lost a claim for damages against the Rocky Mountain News for an article that portrayed him as a member of a crime family can go back to trial on a defamation claim, the Colorado Court of Appeals ruled on Dec. 19.
The state Supreme Court earlier this year reversed a $106,507 award to Manuel "Eddie" Bueno, saying Denver District Judge Jeffrey Bayless should not have allowed Bueno's claim of invasion of privacy to be presented to the jury. State law does not recognize such claims, the high court said.
However, the Supreme Court sent the case back to the Court of Appeals to consider Bayless' dismissal of Bueno's claim of defamation.
Bueno argued that Bayless was wrong in dismissing the claim based on a lack of proof that the article was directed specifically at Bueno. The Court of Appeals called such proof unnecessary.
Attorney Marc Flink, who represents the Rocky Mountain News in the case, said he could not comment on pending litigation. Bueno's attorney Roger Castle did not return a phone call for comment.
Bueno was mentioned in an August 1994 article headlined "Denver's Biggest Crime Family." The story included a family tree with photographs of 18 Bueno siblings, 15 of whom had criminal records. The story said Eddie and his brother Freddie had stayed out of trouble, but a Denver District Court jury found in May 1997 that the newspaper had unfairly lumped Eddie Bueno in with his other siblings.
The Court of Appeals said that to win a defamation claim, plaintiffs do not have to prove that the publication was specifically directed at them.
"Rather, it can constitute libel per se if, as here, a member of a group or class involving 25 or fewer members can point to general defamatory comments about the group," the ruling said.
The ruling also said Bayless' dismissal of the claim based on a lack of proof of monetary damages to Bueno was wrong because Bueno had produced evidence of losses.