Bauer v. Ribaudo

In Bauer v. Ribaudo, 975 S.W.2d 180 (Mo. App. 1997), plaintiff was a candidate for state representative. Id. at 181. Ribaudo, the incumbent, produced a television commercial that aired on St. Louis television stations. Id. The commercial stated: "And it was Tom Bauer that was part of the city court clerk gang, the same gang the Post-Dispatch reported may have stolen over one million dollars." Id. The court noted Bauer's failure to show actual damages in affirming the grant of summary judgment. Id. at 181-83. Bauer relied primarily on his statement that "people refused his ballot and said crude remarks about the theft." Id. at 182. However, Bauer failed to name one person who changed his or her vote as a result of the commercial. Id. Bauer specifically admitted that he did not have the name of one individual who voted for Ribaudo and not him after seeing the commercial. Id. He failed to present any evidence of his standing in the polls prior to and after the airing of the commercial. Id. Further, the court noted that "crude remarks about thefts lack the specificity to raise a genuine issue of fact." Id. Finally, the court noted that "actual damages may not be based on evidence that is too speculative." Id. at 183 . Bauer appeared to suggest that he did not need to present any evidence of actual damages, "as damages [could] be presumed from the complained of statement." Id. However, this was not the case. Id. To allow such a result would revert back to the old rules regarding per se and per quod defamation actions. Id.