COUNT III: LIBEL OF RANDY MILLER BY MANCOW AND R & R
Plaintiff, Randy Miller, for Count III of this Complaint for Libel against Mancow and R & R, states and alleges as follows:
35. Randy Miller incorporates by reference paragraphs I through 34 above as if fully stated.
36. Defendant, Mancow, wrote a letter, which contained the following false statements:
a. "Imagine working with a megalomaniacal, racist, homophobe. I remember words like "nigger" and "faggot" every day in the ass-backwards world of Randy Miller. That's how Miller (I'll call him "Hack” from here on out) views the world.";
b. "Many firings and format changes in his wake, clinging to my
is all Hack has left.";
c. "I am his idol and he has told me he wishes he could be me!";
d. "He begged to produce my show, to work in glorious Chicago.";
e. "I think he has always viewed me as the sole leader in his godless, sorrowful life.";
f. "He desperately married a woman he met through a radio contest.";
g. "His staff calls me looking for advice.";
h. "The first choice of his current program director, Mike Kennedy, was me...";
i. "Mancow's Morning Madhouse' is on the air in Kansas City and Hack
is filled with fear."; and
j. I was brought in to do a radio show in the late '80's and to restore the career of one of those old hacks [Miller] who hadn't made it out of the 70's yet. I would write scripts (one of which was my now famous 'Cowboy Dick) and generally try to prop up the old-timer [Miller]."
37. Such statements are false.
38. Mancow wrote and published such false statements to and through R&R's newspaper which caused such false statements to be published to the general public and to the record and radio industry.
39. Mancow and R&R published such false statements with knowledge that such statements were false or with reckless disregard for whether they were true or false at a time when Mancow and R&R had serious doubt as to whether they were true and therefore acted with actual malice in publishing such false written statements.
40. The false written statements published by Mancow and R&R tended to expose Randy Miller to hatred, contempt, and/or ridicule and deprived Miller of the benefit of public confidence and social associations.
41. The false written statements published by Mancow and R&R imputed unfitness or want of integrity in Randy Miller's performing the duties of his employment and adversely reflected on Miller's abilities in his business and profession as an on-air radio personality.
42. Such false written statements were read in R&R's trade newspaper by the general public, individuals in the radio and record industry and in particular by individuals in the Kansas City metropolitan area.
43. Randy Miller's personal and professional reputation has been damaged.
Plaintiff, Randy Miller, prays for actual damages against Mancow and R&R
in the amount of at least $75,000.00, which sum will fairly and justly
compensate Randy Miller for the damages he has sustained, and will sustain
in the future, as a direct result of the false written statements published
by Mancow and R & R, plus the additional amount of at least $75,000.00
as punitive damages, which sum will serve to punish Mancow and R &
R and to deter them and others from like conduct. Randy Miller further
prays for his costs and attorneys' fees plus such other and further relief
as this Court deems fair and equitable.
COUNT IV: SLANDER OF RANDY MILLER BY MANCOW,
KISF, SYNCOM AND WCRX
Plaintiff, Randy Miller, for Count IV of this Complaint for Slander against Mancow, KISF, Syncom and WCRX, states and alleges as follows:
44. Randy Miller incorporates by reference paragraphs I through 43 above as if fully stated.
45. Defendant, Mancow, and/or his agents during his radio program made the following false statements regarding Plaintiff, Randy Miller:
a. Mancow: The real enemy is this - this guy named Randy Miller I used to work with who is just a prick, and I - . . .
b. Mancow: Hey, Rusty, you had a similar experience to me with this guy named Randy.
Mancow: Um, the anti-christ.
Rusty: Yeah, he's evil.
Girl: From the other radio station –
Mancow: How about -- how about him walking down -- there's an area Called -- there's an area called Seville Square, all right, we were walking in front of Seville Square, he looked around, this is how pompous some guys in radio are, he looked around, I swear to God, Erma, and this is what he said, Erma, I swear to God on the stack of Bibles, 'cause –
Girl: What did he say?
Mancow: -- and I was telling my buddy this, he said he said the same thing to me. He looked around, he looked around said, these people think of me as a god. I am like a god in this city.
Rusty: Yeah, to me he just took a big deep breath and goes, I'm a god here. And I thought he was kidding.
Girl: How arrogant.
Mancow: Erma, the most pompous asshole you've ever met. Hey, hey listen. Rusty?
Mancow: Tell me about -- I mean, because I used to do it, I used to have to write these things when I worked for this bastard, and I -- every day I would have to come in with scripts for this thing called the - it was like a Beverly Hillbilly's rip-off.
c. Mancow: Okay. Do you know what, it was also in that
red Mercedes, and I believe we were coming back from a
I had gotten an interview for him with Billy Crystal, and I believe we were coming back from that, and we were sitting in his car in the parking garage, and I think it was across the street there, I forget what the name of the park -- yeah, parking garage, and this guy sat there and he said to me, uh, you're so lucky to have a dad, because my dad - his dads a murderer. His dads in prison. And, I always felt kind of sorry for him.
Mancow: And maybe that's why –
Girl: That could explain a lot.
Mancow: Maybe that's why he's such a bastard.
Girl: That could explain a lot.
Guy: That's right.
Mancow: And I always felt he resented me because I had a father that loved me.
d. Mancow: Remember when his sister had that little bastard child
Rusty: Oh, yeah.
Mancow: -- and –
Rusty: He was going to sue the guy that got her pregnant.
Mancow: He was gonna sue the man that got her pregnant. He was
walking around telling everybody that, and he even whispered to me, you know, I'd like to kill that guy. I said, hey, come on, you don't want to end up like your daddy in prison.
e. Lyrics to song about Kansas City (to the tune of the Beverly
television show theme):
There's a little story about our
friend Mancow, Kansas City ripoffs
a scheme that's not allowed, he's
headed to your town and he's gonna
make you pay, your stealing days
are over 'cause the Mancows here
Well, heck Uncle Jed, it's been a
Isn't it boy, that's because nobody
cares about us Hillbilly's anymore.
Yeah, Uncle Jet, woe’s old now.
Well, now, Dieter, so is Reagan and
Johnny Carsons carnex stuff,
renamed redneck the magnificent,
and them pee wee jokes.
Hell fire, Uncle Jed, them's all
Randy Miller's wacky radio bits. DRAFT
Jethro, they's all stolen.
What about his day character, Les
Boy, someone else did that before
Randy Miller, too?
What about his character Roy Dean,
that guy that called from the Bendix
Hell, boy, he stole that from
someone in Atlanter.
Well, gosh Uncle Jed, Randy Miller
doesn't seem to have one original
idea in his whole head.
And he steals stuff, boy.
And stealing's bad, Uncle Jed.
That's right, Jethro. Doggie, Randy Miller's
daddy's a convicted murder.
Grats, Uncle Jed, murdering is bad. I hopes
he don't kills the Mancow.
Yeah, then where would he get his
From old t.v. shows.
Yeah, and Randy's c.d. from a few
months ago sounded just like that
Mancow fellows from two years
I guess Mancows right when he
calls Randy the anti-christ of radio.
Woo, doggy, some time I got to
have a long talk with that Randy
I just hope Randy's daddy don't kill
you, too, Uncle Jed.
Woo, doggy, at least we still got
the Mancow, boy.
That's right, Uncle Jed. Mancow's
a bad mother fu... [bleep]
e. Rick Lawrence: . . .Mancow, the man who soaks Randy Miller's
wife's panties. The man who Randy Miller's wife hugged,
caused her nips to rise and told him how handsome he was.
f. Rick Lawrence: Do you know what, if Mancow had a daughter named Charelsey, he wouldn't have her on the radio acting like a stooge. The man who's different than Randy Miller, 'cause he likes Brian Busby, even though he's black. The man who thinks Randy Miller's wife looks great on her back. Hey, his daddy wasn't a murderer like Randy Miller's was. The man who has one question for Randy Miller, does he ever think about murdering someone like his dad did? Just curious. The man who believes even though Randy Miller has kids, that still doesn't prove his wife's had an orgasm, but Mancows willing to help. The man who reminds you the reason Randy Miller isn't on the air is he's a pussy. It's Mancow's –
g. Mancow: . . .and why I call this guy Randy Miller, Erma, the Anti-christ.
h. Mancow: How about, could you maybe space them out a little bit? Inbetween regurgitating my show, Randy, could you maybe give us some of the new stuff, or are you too busy sitting at home crying about your Daddy, the murderer.
i. Mancow: Generally -- generally on his wife, he used to brag about how he won his wife in a radio contest.
James: Do his wife.
j. Mancow: Hey, I may have to do that. Do you know what, she is probably horny for a guy that's aggressive and cares about what he's doing again.
James: Somebody that can at least, you know, take care of her.
Mancow: Yeah, that's right.
k. Mancow: There's this guy on the radio there named
Randy Miller, decided to take the day off he was such a pussy.
l. Mancow: I used to work with this guy named Vaughn
Freeman. Now Vaughn and I worked together in Kansas City, and now Vaughn is in Cincinnati which is where Randy went to and got fired for sucking so bad. . .
m. Mancow: Vaughn hates Randy as much as I do. And its vendetta.
n. Mancow: Vaughn and I used to sit in the studio and just
laugh at how Randy stole everything.
o. Mancow: These other morning men, these little talentless hacks
. . . like Randy Miller ...
p. Mancow: It's not about my ego, it's not about me sitting in a
limo, it's not about me like Randy Miller driving a Mercedes home to my thirty room mansion, and -- and telling people, oh, I live in a trailer park.
q. Mancow: There's two guys really that are just ripping
me off, a guy named Johnny Dare and another guy named Randy Miller...
46. Such statements are false.
47. Such false statements were spoken by Mancow and published by radio broadcast by WCRX in the Chicago metropolitan area.
48. Such false statements were spoken by Mancow and published by radio broadcast by KISF/Syncorn in the Kansas City metropolitan area.
49. Such false statements were spoken by Mancow and published by WCRX and KISF/Syncorn with knowledge that such statements were false, or with reckless disregard for whether such statements were true or false at a time when such Defendants had serious doubt as to whether such statements were true, therefore such Defendants acted with actual malice.
50. The false written statements published by Mancow, WCRX and KISF/Syncorn tended to expose Randy Miller to hatred, contempt, and/or ridicule and deprived Randy Miller of the benefit of public confidence and social associations.
51. The false written statements published by Mancow, WCRX and KISF/Syncom imputed unfitness or want of integrity in Randy Miller's performing the duties of his employment and adversely reflected on Randy Miller's abilities in his business and profession as an on-air radio personality.
52. Such false statements were heard by radio listeners in metropolitan Kansas City and metropolitan Chicago, both of which are major radio media markets with tens of thousands of radio listeners.
53. Randy Miller's personal and professional reputation has been damaged. Plaintiff, Randy Miller, prays for actual damages against Mancow, KISF, Syncom and WCRX in the amount of at least $75,000.00, which sum will fairly and justly compensate Randy Miller for the damages he has sustained, and will sustain in the future, as a direct result of the false statements published by Mancow, KISF, Syncom and CRX, plus the additional amount of at least $75,000.00 as punitive damages, which sum will serve to punish Mancow, KISF, Syncom and WCRX, and to deter them and others from like conduct. Plaintiff Randy Miller further prays for his costs and attorneys' fees plus such other and further relief as this Court deems fair and equitable.
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