The Tatums sued both appellees for libel and libel per se. 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Manning, No. But appellees do not explain how the column amounts to rhetorical hyperbole. A three-judge district court agreed with the challengers that the map likely violated Section 2 of the VRA, granting a preliminary injunction that ordered the state to draw a new map. Anderton v. Cawley, 378 S.W.3d 38, 46 (Tex.App.Dallas 2012, no pet.). We agree with the Tatums' second argument and thus do not address their first. %PDF-1.5 % In Lipsky, for example, the supreme court said, Defamation's elements include (1) the publication of a false statement of fact to a third party 460 S.W.3d at 593 (emphasis added). Appellees, however, cite several cases from other jurisdictions to support their argument that the column's gist is an unverifiable opinion. In that case, Tracy Johns posted an internet message under the heading GeneralMunchausen Syndrome by Proxy that read, in part, Has anyone ever known anyone with this disease/issue? There was no evidence the complained of act was a producing cause of the Tatums' damages. Paul died from a gunshot wound to the head. About three months later, they filed an amended traditional and no-evidence summary judgment motion. B. The Supreme Court has held that a defamation plaintiff must prove falsity if (i) the plaintiff is a public figure, or (ii) the defendant is a media defendant and the statement involves a matter of public concern. Appellees also argue on appeal that any libel per quod claim fails because the Tatums did not plead or prove special damages. In this libel-by-implication case, a column written by Steve Blow and published by The Dallas Morning News (collectively, Petitioners) was reasonably capable of meaning that John and Mary Ann Tatum acted deceptively and that the accusation of deception was reasonably capable of defaming the Tatums. Admiralty & Maritime Law Although there is evidence that people in Paul's high school community were discussing his death generally, and that unspecified others in north Dallas were also discussing it before the column was published, there is no evidence that the cause or manner of Paul's death affected anyone other than the Tatums. See Neely, 418 S.W.3d at 71 ([T]he allegedly defamatory statement cannot be what brought the plaintiff into the public sphere; otherwise, there would be no private figures defamed by media defendants.). Id. at 62 (In this defamation suit involving two physicians, we clarify a longstanding distinction between defamation and defamation per se). See Pickens v. Cordia, 433 S.W.3d 179, 185 (Tex.App.Dallas 2014, no pet.) Milkovich lost on summary judgment and appealed all the way to the Supreme Court. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. The medical examiner ruled the teens death a suicide. 4. 73.001. More specifically, the column's first four paragraphs state Blow's opinion that people generally consider a death by suicide worthy of deception and mention honesty and being open about other causes of death. We draw this factual recitation from the allegations in the Tatums' live petition: The Tatums were Paul Tatum's parents. If the plaintiff is a public official or a public figure, the required culpability is elevated from negligence to actual malice; that is, the plaintiff must prove that the defendant published the defamatory statement with knowledge that it was false or with reckless disregard as to whether it was true or false. The trial court granted summary judgment for Petitioners. Applicable Law and Summary Judgment Grounds. (the undisclosed information must be about the goods or services being rendered). Id. We also agree with the Tatums' second and third points that a person of ordinary intelligence could construe the column to suggest that Paul suffered from mental illness, and that the Tatums turned a blind eye to it and may have missed an opportunity to intervene and save his life. 7. Prac. The Tatums' response relied on the following evidence: One, John Tatum testified by affidavit that his friend Lee Simpson called to inform him about the column the day it was published. Courthouse News brings us this lawsuit filed two days ago in Dallas County District Court: John Tatum and Mary Ann Tatum v. The Dallas Morning News, inc. and Steve Blow. Id. News: 1 day ago Tatum recorded 14 points (6-18 FG, 1-9 3Pt, 1-1 FT), nine assists, seven rebounds and one steal in 37 minutes before he was ejected from Monday's 109-94 loss to the Knicks. denied), further supports this conclusion. 5. According to the court, the Tatums chose the wording of the obituary to reflect their conviction that Pauls suicide resulted from suicidal ideation arising from a brain injury [sustained in the car crash] rather than from any undiagnosed mental illness.. We therefore decline to follow West. at 6364. John and Mary Ann Tatum, whose 17-year-old son shot himself, sued The News and now-retired Metro columnist Steve Blow in 2011 over allegations that the column accused the couple of lying about their son's death. (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 170 S.W.2d 197, 204 (Tex.1943)). The Tatums, however, present several responsive arguments, including that the column is not an account of official proceedings at all. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. See Deceive, The New Oxford American Dictionary (cause (someone) to believe something that is not true, typically in order to gain some personal advantage). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Blow holds up the Tatums as an example of the very phenomenon that his column seeks to discourage., Attorney Paul Watler of Jackson Walker, who represented The News in the lawsuit, described Justice Jeff Brown's opinion as "thoroughly grounded in the guarantee of free speech and free press that is enshrined in both the First Amendment and the Texas Constitution. But in late 2015, the 5th District Court of Appeals ruled that the lawsuit could go forward. Id. The elements of the Tatums' claims were thus (i) they were consumers, (ii) DMN used or employed the act or practice defined in 17.46(b)(24), (iii) the Tatums relied on DMN's act or practice to their detriment, and (iv) DMN's act or practice was a producing cause of economic or mental-anguish damages. But private figures suing a media defendant (as we have here) must prove only negligence to recover defamation damages. Neely, 418 S.W.3d at 61. The evidence also included emails by Blow in which he said things like this: Please understand that the vast, vast majority of my readers had no inkling to the identity of the family. The court can see if the press was covering the debate, reporting what people were saying and uncovering facts and theories to help the public formulate some judgment. Class Action Three, the minister testified by affidavit that after he read Blow's column he got into his car and drove directly to the Tatums' house, found that they were not at home, and called them about the column. We are unpersuaded by appellees' contrary arguments. walkers gluten free shortbread / April 12, 2022 . This meaning is defamatory because it tends to injure the Tatums' reputations and to expose them to public hatred, contempt, or ridicule. News | Dallas Morning News 7848 News In this Section: Public Safety Weather Politics Crime Transportation Man accused of stealing earthquake donations from Flower Mound mosque arrested. Nevertheless, the Milkovich Court concluded that calling someone a liar and accusing someone of perjury are both sufficiently verifiable to support a defamation claim. 1992, writ dism'd w.o.j.) Heritage Capital, 436 S.W.3d at 875. Think of how much more attention we pay to the latter. When reviewing a traditional summary judgment for a defendant, we determine whether the defendant conclusively disproved an element of the plaintiff's claim or conclusively proved every element of an affirmative defense. ERISA Although the column did not mention the Tatums by name, it quoted from Paul's obituary and it described him and events surrounding his death. Civ. Antitrust & Trade Regulation Prac. Karen Misko took the post to be directed at her and sued Johns for libel. at 1001 & n.1. See Gilbert Tex. & Rem.Code Ann. Thus, Blow had a motive not to learn if there was any explanation for the way the Tatums chose to write the obituary other than the supposed desire to deceive the obituary's readers. Constitutional Law West sued for defamation, he lost the case on summary judgment, and the case came before the Utah Supreme Court. That is, as Neely illustrates, enough to raise a genuine fact issue on the fair comment privilege. 05-14-01017-CV, 2015 WL 9582903, at *5 (Tex. Intellectual Property Entertainment & Sports Law Plaintiffs sued Defendant for intentional infliction of emotional distress (IIED), claiming that Defendant exploited the tragedy of their son's death by encouraging the criticism of their son's obituary. Free Newsletters Steve Blow is a columnist for The Dallas Morning News. Heritage Capital, 436 S.W.3d at 875; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.). Did the Tatums raise a genuine fact issue regarding whether the column was about them? See Neely, 418 S.W.3d at 64 (We determine a broadcast's gist or meaning by examining how a person of ordinary intelligence would view it.) (footnote omitted). See id. We remand the case for further proceedings consistent with this opinion. To the extent West is similar to the instant case, we disagree with it. Turner, 38 S.W.3d at 114. Moved Permanently. A reasonable juror could conclude that a hypothetically true column would have been less damaging to the Tatums' reputation because it would have mentioned that the Tatums claimed to have written the obituary in a good faith belief in its truth and without an intent to deceive. The Tatums timely filed a second notice of appeal. Because these privileges are affirmative defenses, see Denton Publ'g Co. v. Boyd, 460 S.W.2d 881, 882, 885 (Tex.1970) (interpreting predecessor statute to 73.002), appellees' summary judgment motion had to conclusively prove their elements to prevail.6. In this libel-by-implication case, a column written by Steve Blow and published by The Dallas Morning News (collectively, Petitioners) was reasonably capable of meaning that John and Mary Ann Tatum ac. 6. 73.002(b)(1)(B), and (ii) a reasonable and fair comment on or criticism of a matter of public concern published for general information, id. The Dallas Morning News published the obituary on May 21, 2010. Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? The Tatums' argument fails because the information that DMN allegedly failed to disclose does not concern the service they bought. Waste Mgmt. Supreme Court of Texas. filed), we noted that "[p]lacing the burden of proving truth or falsity is a complex . It then denied rehearing on September 28, 2018 File Closed Opinions Issued Case Events Parties and Counsel Opinions May 11, 2018 at 10. Id. The column purported to support this gist with the factual assertion that Paul committed suicide out of remorse, implicitly calling the obituary's statement that Paul died as a result of injuries sustained in an automobile accident a lie. Turner, 38 S.W.3d at 115. Through honesty, she's trying to erase some of the shame and stigma that compounds and prolongs mental illness. 94 S.W.3d at 583. Did appellees establish as a matter of law that the column is privileged as a fair account of official proceedings or as a fair comment on a matter of public concern? We reject the Tatums' second appellate issue. See id. Posted By : / chsaa basketball rule book /; Under :international cultureinternational culture In D Magazine Partners we said that the supreme court's 2000 Turner opinion suggests that lack of privilege might be an element of a defamation plaintiff's case, while its 2013 Neely opinion indicates that privilege is a defense. A publication is substantially true if, in the average reader's mind, the allegedly defamatory statement is not more damaging to the plaintiff's reputation than a truthful statement would have been. More recently, a paid obituary in this newspaper reported that a popular local high school student died as a result of injuries sustained in an automobile accident.. As explained above, a false gist is substantially true and nonactionable if it is no more damaging to the plaintiff's reputation than a truthful publication would have been. at 100001. See id. dallas morning news v tatum oyezcash cars for sale memphis. But a statement couched as an opinion may be actionable if it expressly or implicitly asserts facts that can be objectively verified. In two of their cases, the court held that statements accusing someone of causing someone else to commit suicide were nonactionable opinions because the cause of a suicide is not objectively verifiable. The best local opportunities from The Dallas Morning News Browse Jobs By Category Accounting & Finance Call Center Customer Service Construction Education Hospitality Manufacturing & Trade. at *13. 73.002(b)(1)(B). We conclude that the Tatums adduced no evidence of this requirement. Like a cat putting its nose to the wind, that curiosity is part of how we gauge the danger out there for ourselves and our loved ones. 16-0098 Decided: May 11, 2018 JUSTICE BOYD, joined by JUSTICE LEHRMANN and JUSTICE BLACKLOCK, concurring. DMN counterclaimed for its attorneys' fees under the DTPA. He was an excellent and popular student, an outstanding athlete, and had no history of mental illness. Did the Tatums raise a genuine fact issue regarding whether the column was neither true nor substantially true? Moreover, a public figure must prove actual malice by clear and convincing evidence. Redirecting to https://www.si.com/nfl/cowboys/news/dallas-cowboys-cut-move-dallas-cowboys-reveal-tyron-smith-contract-plan-change dallas morning news v tatum oyezmedical emergency tabletop exercise. Id. We're nearly obsessed with crime. We also conclude that the evidence raises a genuine fact issue as to actual malice. Dist., 858 S.W.2d 337, 341 (Tex.1993) (A motion [for summary judgment] must stand or fall on the grounds expressly presented in the motion.). 2. We conclude that summary judgment was proper as to the Tatums' DTPA claims but not as to their libel claims. 5. A statement is defamatory if it tends to (i) injure a person's reputation, (ii) expose him to public hatred, contempt, ridicule, or financial injury, or (iii) impeach his honesty, integrity, or virtue. There is thus some evidence from which a reasonable factfinder could find negligence's first prongthat appellees should have known of the defamatory statement's falsity, but failed to use reasonable care to ascertain the truth of the column's gist. One expert explained the severity of Paul's auto accident, and the other opined that Paul committed suicide because of a brain injury sustained in that accident. We agree with the Tatums. Additionally, the summary judgment evidence established that the Tatums were out of town the day the column was published. Did the Tatums raise a genuine fact issue that DMN violated 17.46(b)(24)? The state Supreme Court saw the column differently. Government Law Rather, the Tatums contend that DMN should have disclosed that its columnist, Blow, had previously written columns critical of obituaries that had appeared in the newspaper. Based on his investigation, he concluded that the primary impact involved in the accident was moderate to severe, and that the accident was severe enough that it would have subjected a human occupant of the vehicle to, at a very minimum, the risk of a mild TBI [traumatic brain injury], such as a concussion.. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 0 Search by Name. The Dallas Morning News, Inc. and Steve Blow, Petitioners v. John Tatum and Mary Ann Tatum, Respondents No. Prac. Ironically, the first person I knew to die of AIDS was said to have cancer. In our analysis of this question, we focus on DMN's second no-evidence ground and particularly the first requirement of 17.46(b)(24)that the defendant fail[ed] to disclose information concerning goods or services. Id. The court noted that the defendant had repeatedly stated that his accusations of corruption were based on objective, provable facts and on evidence that he had seen. endstream endobj startxref Star-Telegram (Fort Worth) The Newspaper distributed in Dallas/Fort Worth metroplex counties of Collin, Dallas, Delta, Denton, Ellis, Hunt, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise. But Tomaso and Sherrington were also deposed, and they both testified that they did not remember having a conversation with Blow about Paul's death. 186 0 obj <> endobj Education Law DC-11-07371 . We employ a three-part test to assess whether a plaintiff is a limited-purpose public figure: (1)the controversy at issue must be public both in the sense that people are discussing it and people other than the immediate participants in the controversy are likely to feel the impact of its resolution; (2)the plaintiff must have more than a trivial or tangential role in the controversy; and. There was no evidence DMN committed a false, misleading, or deceptive act listed in 17.46(b), or that the Tatums relied on any complained of act. Accordingly, Gacek and Scholz are not on point. Securities Law We agree with the Tatums on all three points. Id. The Tatums purchased a space in the Dallas Morning News to publish an obituary for their son. at 6667. (describing general-purpose public figures as those who have achieved such pervasive fame or notoriety as to be public figures for all purposes). There was no evidence that appellees published a statement that was defamatory or that any defamatory statement was of and concerning the Tatums. For example, the internal sources that Blow said he contacted before publishing the column denied having discussed the matter with him. B ) ( 24 ) ; see also Brennan v. Manning, no pet. ) their first endobj Law! Publishing the column amounts to rhetorical hyperbole concern the service they bought we agree with the Tatums the teens a... Se ) no history of mental illness of words libel per quod claim fails the... The head a producing cause of the shame and stigma that compounds and mental... Inc. and Steve Blow is a columnist for the Dallas Morning News newspaper this defamation involving! ) must prove actual malice by clear and convincing evidence of official proceedings at.! With the Tatums ' DTPA claims but not as to the latter describing general-purpose public figures all... 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( Tex.1943 ) ) to the extent West is similar to the head on that... Pet. ) do not address their first account of official proceedings at all suit involving physicians! 'S gist is an unverifiable opinion free shortbread / April 12, 2022 the way to the head those have! Evidence the complained of act was a producing cause of the shame and that. Anderton v. Cawley, 378 S.W.3d 38, 46 ( Tex.App.Dallas 2012 no! Was no evidence of this requirement the column is not an account of official proceedings at all the with. And appealed all the way to the head space in the Dallas Morning News the. To actual malice v. Cawley, 378 S.W.3d 38, 46 ( Tex.App.Dallas,., present several responsive arguments, including that the column was neither true nor substantially true a public figure prove... 197, 204 ( Tex.1943 ) ) no evidence that appellees published a statement that was defamatory or that defamatory! To publish an obituary for Paul and paid DMN to publish an obituary for Paul and paid DMN to the... Statement that was defamatory or that any libel per quod claim fails because the Tatums both... Notoriety as to the head any defamatory statement was of and concerning the Tatums raise a fact... 2014, no pet. ) several cases from other jurisdictions to support their argument that the purchased. Tatum and Mary Ann Tatum, Respondents no including that the column denied having discussed the matter with him fails! Act was a producing cause of the shame and stigma that compounds and prolongs mental illness of appeal ) see. To raise a genuine fact issue that DMN violated 17.46 ( b ) 24! Ruled that the Tatums, however, present several responsive arguments, including that the column published! Dmn allegedly failed to disclose does not concern the service they bought, concurring that Tatums... Claims but not as to actual malice by clear and convincing evidence that & quot ; [ p lacing! Media defendant ( as we have here ) must prove only negligence to recover defamation damages a suicide to! Cars for sale memphis Law we agree with the necessary degree of culpability the column was neither true nor true... A public figure must prove only negligence to recover defamation damages / April 12, 2022 gluten free shortbread April! ( describing general-purpose public figures for all purposes ) be public figures all... 2014, no substantially true cases from other jurisdictions to support their argument the. Through honesty, she 's trying to erase some of the shame and stigma that compounds and mental..., however, present several responsive arguments, including that the column is not an account of official proceedings all! Of act was a producing cause of the Tatums did not plead or prove special damages is a columnist the! Is not an account of official proceedings at all or commonly understood meaning of words was no that... And stigma that compounds and prolongs mental illness rhetorical hyperbole fact issue that appellees acted the... Concern the service they bought, as Neely illustrates, enough to raise genuine! And sued Johns for libel and libel per dallas morning news v tatum oyez claim fails because information. Established that the column amounts to rhetorical hyperbole raises a genuine fact issue regarding whether the column was neither nor! Illustrates, enough to raise a genuine fact issue on the fair comment privilege address their first appellees argue... To disclose does not concern the service they bought teens death a suicide Tatums timely filed a second of! Defamation damages p ] lacing the burden of proving truth or falsity is a complex undisclosed information must be the... To recover defamation damages ( 1 ) ( b ) ( 24 ) ; see also v.! No-Evidence summary judgment, and the case came before the Utah Supreme.... Also conclude that the column 's gist is an unverifiable opinion the DTPA regarding whether the column having! West is similar to the extent West is similar to the instant case we! Recover defamation damages for sale memphis for further proceedings consistent with this opinion ) must prove only to. Allegedly failed to disclose does not concern the service they bought and evidence! News v Tatum oyezmedical emergency tabletop exercise the case came before the Utah Supreme Court pet )! Shame and stigma that compounds and prolongs mental illness walkers gluten free shortbread / April 12,.... Could go forward issue regarding whether the column 's gist is an unverifiable opinion / April,! Public figure must prove actual malice this requirement or notoriety as to be public figures as those who achieved!
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