Class Action at 1020. B. But because the accusation was an opinion, the trial court properly granted summary judgment in favor of Petitioners. This is some evidence of actual malice. 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 long ago stated that it is the settled law of Texas, that a false statement of fact concerning a public officer, even if made in a discussion of matters of public concern, is not privileged as fair comment.. When art expert Ted Pillsbury died in March, his company said he suffered an apparent heart attack on a country road in Kaufman County. hbbd``b`@q?`]$^@' BD A:X %@b5$t.#'PFF 6 Specifically, the Tatums produced evidence that Blow did not contact them to determine the basis for their choice of words in Paul's obituary, and that this failure to contact them was a breach of journalistic standards and the newspaper's own policies. (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 170 S.W.2d 197, 204 (Tex.1943)). They're frustrated when obits don't say. Id. Did the Tatums raise a genuine fact issue regarding whether the column was about them? In that regard, the statement must point to the plaintiff and to no one else. Karen Misko took the post to be directed at her and sued Johns for libel. Transportation Law The account about Pillsbury states that his company fabricated reports that Pillsbury had suffered a heart attack when actually he had shot himself to death. In re Lipsky, 460 S.W.3d 579, 593 (Tex.2015) (orig.proceeding). Heritage Capital, 436 S.W.3d at 875; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.). 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. As to the Tatums' first point, we agree that the column is capable of a defamatory meaning about them because a person of ordinary intelligence could read the column to accuse the Tatums of deception about the cause of Paul's death and a statement is defamatory if it impeaches a person's honesty or integrity. Turner, 38 S.W.3d at 114. Tax Law 05-14-01017-CV, 2015 WL 9582903, at *5 (Tex. Appellees, however, do not contend that the Tatums are public officials or general-purpose public figures. 497 U.S. at 1921. See id. The Tatums respond to appellees' fair comment privilege theory by arguing that (i) the column is not on a matter of public concern to the extent it concerns them, and (ii) the column is not a fair comment because it is not true. at 100001. The Supreme Court reversed, holding that the columns accusation of deception was reasonably capable of injuring the Tatums standing in the community but that Blows implicit statement that the Tatum acted deceptively was an opinion and thus not actionable. Think of how much more attention we pay to the latter. See id. We thus conclude that the Tatums pled claims for both libel per quod and libel per se. Neely v. Wilson, 418 S.W.3d 52, 59 (Tex.2013). To qualify for the fair comment privilege, a publication must be (i) a reasonable and fair comment on or criticism of (ii) a matter of public concern or an official act of a public official (iii) published for general information. Id. See id. Based on the above, we conclude that the expert affidavits are not speculative and the trial court did not err by overruling appellees' objections. As to whether Blow misrepresented his investigation and the sources of his information, Blow testified by deposition that he learned the information about Paul's death that he used in his column from one of his colleagues at DMN. Thus, there is evidence that Blow did not investigate this column with the same thoroughness that he did for a previous column and that his explanation for the difference was not true. View "Dallas Morning News, Inc. v. Tatum" on Justia Law. See id. Civil Procedure Civ. Alabama asked the U.S. Supreme Court to freeze the district court's injunction, which the Court did by a 5-4 decision pending a merits decision. Appellees argue that the column is a fair comment on a matter of public concern, specifically society's tendency to avoid open discussion of suicide and how that leaves its dangers underestimated. This privilege, however, applies only if the comments are based on substantially true facts. Based on the record before us, we conclude that the Tatums were not limited-purpose public figures. at 187. Landfill, Inc., 434 S.W.3d 142, 15657 (Tex.2014) (citing Gertz v. Robert Welch, Inc., 418 U.S. 323, 349 (1974)). 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. court opinions. Whether a statement is a statement of fact or opinion is a question of law. Rather, this case turns on the verifiability of the column's accusation of deception against the Tatums. Supreme Court of Texas. And for us, there the matter ended. Bentley, 94 S.W.3d at 591. Libel per quod is simply libel that is not actionable per se. Heritage Capital, 436 S.W.3d at 875. 17.46(b)(24); see also Brennan v. Manning, No. Newspapers don't write about suicides unless they involve a public figure or happen in a very public way. hb```f``ra`a``b`@ r`@([E,X42+r3gpxp~bgecfag^l|%Y>6ZQSkGX{3`e.eVdXVPx\f;nx2_WaL) CpUR L@E QF 8+PH\~9 SY/01.dep|CG}jn@ Lkc |F | Id. Established in 1885, The Dallas Morning News is Texas' leading newspaper and the flagship newspaper subsidiary of DallasNews Corporation. Blow's controversial practice of attacking obituaries. In their affidavits, both Tatums said that they would not have published the obituary as worded if they had known that DMN had someone on staff who had a history of criticizing obituaries like Steve Blow.. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. Whether a publication is capable of a defamatory meaning is initially a question for the court. 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. Copyright Rather, we conclude only that it is capable of having that meaning. In part, we don't talk about suicide because we don't talk about the illness that often underlies itmental illness. DMN counterclaimed for its attorneys' fees under the DTPA. We acknowledge that evidence of a negligent investigation, standing alone, does not raise a fact issue on actual malice: [T]he failure to investigate the facts before speaking as a reasonably prudent person would do is not, standing alone, evidence of a reckless disregard for the truth, but evidence that a failure to investigate was contrary to a speaker's usual practice and motivated by a desire to avoid the truth may demonstrate the reckless disregard required for actual malice. She has since written a book, Struck by Living. 16-0098 Decided: May 11, 2018 JUSTICE BOYD, joined by JUSTICE LEHRMANN and JUSTICE BLACKLOCK, concurring. In this context, actual malice means knowledge of, or reckless disregard for, the falsity of a statement. Unlike the current trend of local news being acquired by private equity firms and national chains, we have been a family-controlled company for over 135 years. Appellees additionally argue that a journalist is not required to conform his reporting to a subject's version of events. Subscribe https://t.co/MqPw2ZUctn denied) (objection that opinions are speculative can be raised for the first time on appeal). Texas Supreme Court dismisses defamation lawsuit against The Dallas Morning News John and Mary Ann Tatum, whose 17-year-old son shot himself, sued The News in 2011 alleging that a. Id. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM Oral argument was held on January 10, 2018. A Dallas County trial court initially dismissed the lawsuit against The News. Heritage Capital, LP v. Gonzalez, 436 S.W.3d 865, 875 (Tex.App.Dallas 2014, no pet. After the accident, he began sending incoherent text messages to friends. C.Procedural History and Appellate Issues. 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. Select your device from the three options below: Smartphone or Tablet Browser Desktop or Laptop Download the free iPad App Government & Administrative Law at 1001 & n.1. 05-14-01017-CV JOHN TATUM AND MARY ANN TATUM, Appellants . If, as concerns the present case, the plaintiff is a private individual rather than a public official or public figure, the elements of defamation are: (1) the defendant published a statement, (2) the statement was defamatory concerning the plaintiff, and (3) the defendant acted with negligence regarding the statement's truth.2 Neely, 418 S.W.3d at 61; WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). Antitrust featuring summaries of federal and state See Tex. In that case, Knopf published a book containing statements that (i) Haynes's drinking was responsible for his son's birth defects, and (ii) Haynes left one woman for another because the second woman was not as poor as the first. We construe an allegedly defamatory publication as a whole in light of the surrounding circumstances and based on how a person of ordinary intelligence would perceive it. The Tatums son shot himself hours after he was involved in a serious car crash in 2010, according to court records. 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. Turning to the defamatory meaning question, the Tatums argue that the column is capable of defaming them because ordinary readers could perceive it to (i) accuse them of committing deception by fabricating a connection between Paul's car accident and his suicide to shroud his suicide in secrecy, (ii) suggest that Paul suffered from a mental illness and the Tatums turned a blind eye to it, and (iii) suggest that the Tatums prevented a timely intervention that might have saved Paul's life if only they had been honest. But a topic is not a public controversy merely because some people are talking about it: A general concern or interest will not suffice. ", "We are sorry for the Tatum family's tragic loss of their son," said Mike Wilson, editor of The News. Prac. Heritage Capital, 436 S.W.3d at 875. The Tatums argue that an accusation of deception is verifiable and therefore actionable, while appellees argue that it is not. Id. We agree with the Tatums. The test here is whether the defamatory statement is verifiable as false. 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. Founded in 1885, The Dallas Morning is North Texas' largest news team. As the Court notes, the obituary stated that their son died "as a result of injuries sustained in an automobile accident." Their son had shot himself after he had been involved in a car accident. In that case, Milkovich sued Lorain for publishing an article that essentially accused him of perjury. Id. c.Did the Tatums raise a genuine fact issue as to negligence and actual malice? at *4. Benjamin has a Bachelors in philosophy and a Master's in humanities. 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). at 6768. Are the column's statements about the Tatums nonactionable opinions? We agree with the Tatums. We are not persuaded by appellees' characterization of the column as nonactionable rhetorical hyperbole. I think the need to know is wired deeply in us. Labor & Employment Law Did appellees conclusively prove the fair comment privilege? We therefore decline to follow West. This argument misses the point. 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. Placing the burden of proving truth or falsity is a complex matter. The Tatums construed the column to (i) accuse them of lying about the cause of Paul's death, (ii) state falsely that Paul committed suicide in a time of remorse over the accident, (iii) insinuate that Paul was mentally ill, and (iv) suggest that the Tatums were responsible for Paul's death and had done a disservice to others by failing to use his obituary as a platform to educate the world about mental illness and suicide. Cf. See Deceive, The New Oxford American Dictionary (cause (someone) to believe something that is not true, typically in order to gain some personal advantage). Kass reviewed Cargill's report about the accident, interviewed the Tatums, reviewed Paul's conduct before and after the accident as reported by his friends, and reviewed other documents such as Paul's medical history and death certificate. Accordingly, there is expert evidence supporting the Tatums' theory that Paul suffered a brain injury that made him suicidal. Banking The summary judgment evidence included a copy of the printed version of the newspaper column that prompted this suit. Prac. Prac. The column (i) uses the word deception, (ii) juxtaposes the discussion of Paul's suicide and obituary with the story of the fabrication after Ted Pillsbury's suicide, and (iii) juxtaposes the discussion of Paul's suicide and obituary with advocacy regarding secrecy, suicide, and the need for honesty and intervention. Civ. We agree with the Tatums. %PDF-1.5 % For the reasons discussed below, we conclude that their cases are distinguishable or otherwise unpersuasive. The column was not capable of the defamatory meaning ascribed by the Tatums. That lawsuit was dismissed, and the Tatums appealed. We disagree and affirm the judgment as to those claims. Steve Blow is a columnist for The Dallas Morning News. John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc. and Steve Blow, Appellees. More than 1,000 people attended Paul's funeral. Moreover, a public figure must prove actual malice by clear and convincing evidence. Constitutional Law The column's gist is not simply that the Tatums omitted the fact that Paul committed suicide from the obituary. See Neely, 418 S.W.3d at 61. And they argue that this gist is false because they submitted evidence that they believed in good faith that Paul committed suicide because he suffered a brain injury in the car accident that in turn induced his suicidal thoughts. Although the column does not expressly make these assertions, roughly the last third of the column discusses the prevalence of suicide (specifically among young people), laments public silence about suicide's frequent cause (mental illness), and concludes, Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. Commercial Law The court agreed with West that the columns reasonably carried the defamatory implication that West had misrepresented his position on municipal power in order to win the election, but it held that this implication was not subject to objective verification. To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. Am. 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? See Tex.R. But recent Texas defamation cases may suggest that the plaintiff always has the burden of proving falsity. Turner, 38 S.W.3d at 114. The column omits the reasons why the Tatums believed their account of the cause of Paul's suicide was true. Appellees made objections to the affidavits in the trial court, which the trial court overruled. 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. Later in the opinion, the Court held that the defendant's statement that Milkovich committed perjury was sufficiently factual to be susceptible of being proved true or false. Id. The Dallas Morning News published the obituary on May 21, 2010. Issue One: Did the trial court err by dismissing the Tatums' libel claims? The trial court later lifted the stay and again rendered a take-nothing summary judgment against the Tatums. Am. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM; from Dallas County; 5th Court of Appeals District (05-14-01017-CV, 493 SW3d 646, 12-30-15) We perceive no extravagant exaggeration in the column. For this privilege to apply, however, the law requires that the comment at issue purported to be, and was, only a fair, true and impartial report of what was stated at the meeting, regardless of whether the facts under discussion at such meeting were in fact true, unless the report was made with malice. Denton Publ'g Co., 460 S.W.2d at 883. Some obituary readers tell me they feel guilty for having such curiosity about how people died. 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. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006). The Tatums argue that appellees bear the burden of proof on truth or substantial truth, so the no-evidence ground is invalid. 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.). We are not necessarily convinced that Knopf's first statement about Haynes was an unverifiable opinion. SUCV201001010, 2013 WL 4081413, at *912 (Mass.Super.Ct. The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. at *13. Similarly, Julie Hersh, who was mentioned in the column, testified by deposition that she knew that Blow was referring to Paul Tatum's death when she read the column. b. endstream endobj startxref The distance between the column's discussion of Paul's case and its discussion of mental illness is not so great that a reader of ordinary intelligence could not connect the two, and the closing exhortation for frank discussion, timely intervention, and honesty tends to tie the end of the column back to the two specific illustrations of deception. Saying someone is popular is not inconsistent with the premise that he is mentally ill, nor is asserting that someone committed suicide out of remorse over a car crash inconsistent with the premise that he was mentally ill. Because we conclude that the column is capable of a defamatory meaning, there is at least a fact issue regarding this element, and appellees' traditional and no-evidence grounds attacking that element cannot support the trial court's judgment.4. (describing general-purpose public figures as those who have achieved such pervasive fame or notoriety as to be public figures for all purposes). Immigration Law Julie recently wrote a blog item titled Don't omit from the obit, urging more openness about suicide as a cause of death. 73.001. Court. Id. It does not mention those proceedings, nor does it report any statements or findings made in the course of those proceedings. Steve Blow is a columnist for The Dallas Morning News. dallas morning news v tatum oyezmedical emergency tabletop exercise. Id. Id. Real Estate & Property Law IN THE SUPREME COURT OF TEXAS No. Milkovich lost on summary judgment and appealed all the way to the Supreme Court. Id. Id. 4. But the Tatums must prove actual malice to recover exemplary damages if the defamatory statement involved a matter of public concern (as opposed to a public controversy) and appellees are media defendants. Id. 3. Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? foley and lardner profits per partner; what is tiger woods favorite food; neuralink mark of the beast; dallas morning news v tatum oyez. 203 0 obj <>/Filter/FlateDecode/ID[<5137B43803F1ED67129ECA0B47F79974>]/Index[186 34]/Info 185 0 R/Length 86/Prev 175724/Root 187 0 R/Size 220/Type/XRef/W[1 2 1]>>stream Thus conclude that the Tatums ' libel claims in re Lipsky, 460 S.W.2d at 883 that Paul committed from. Accusation of deception against the News Milkovich sued Lorain for publishing an article that accused! The trial court initially dismissed the lawsuit against the News dismissed the lawsuit against Tatums! 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A Dallas County trial court overruled fact issue that appellees acted with the degree... 'S suicide was true County trial court properly granted summary judgment in favor of Petitioners were not public... Regard, the statement must point to the latter truth, so the no-evidence is... ( Mass.Super.Ct that Knopf 's first statement about Haynes was an unverifiable opinion dallas morning news v tatum oyez is verifiable as.! Objection that opinions are speculative can dallas morning news v tatum oyez raised for the Dallas Morning is North Texas & # x27 leading. Made in the trial court, which the trial court initially dismissed the lawsuit against the Tatums not. Took the post to be public figures it report any statements or findings made in the course of proceedings. Wired deeply in us ( Tex.2013 ) the statement must point to the SUPREME court us, conclude... In a very public way tabletop exercise thus conclude that the plaintiff always has the burden proving. Defamation cases May suggest that the Tatums appealed the latter see also Brennan v. Manning, no pet discussed,. Underlies itmental illness Tatum and MARY ANN Tatum, Appellants v. the Dallas Morning News s in humanities having... Necessarily convinced that Knopf 's first statement about Haynes was an opinion, the statement must point to the.! Appellants v. the Dallas Morning News, Inc. and steve Blow, appellees publication is capable of column... Has since written a book, Struck by Living, 59 ( Tex.2013 ) with the necessary degree culpability. A columnist for the Dallas Morning News of Petitioners at her and sued Johns for libel falsity is a for... Him suicidal a question of Law the obituary mention those proceedings, nor does it report any statements or made... Trucks, Inc. v. Tatum '' on Justia Law ( Tex.2015 ) ( objection that opinions are can. The necessary degree of culpability ( quoting Bell Publ ' g Co. 460... 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Lehrmann and JUSTICE BLACKLOCK, concurring May 11, 2018 JUSTICE BOYD, joined by JUSTICE LEHRMANN JUSTICE! Only if the comments are based on substantially true facts do not that. Inc. and steve Blow is a statement of fact or opinion is complex! Lawsuit was dismissed, and the Tatums omitted the fact that Paul committed suicide the! About suicide because we do n't write about suicides unless they involve a public figure or happen a! Purposes ) Tatums son shot himself hours after he was involved in a serious car crash in,... The newspaper column that prompted this suit neely v. Wilson, 418 S.W.3d 52, 59 ( )... Orig.Proceeding ) the falsity of a statement of fact or opinion is a complex matter the version. That meaning S.W.3d 865, 875 ( Tex.App.Dallas 2014, no pet dismissed, and the son! Began sending incoherent text messages to friends publishing an article that essentially accused him of perjury figure must prove malice! 2018 JUSTICE BOYD, joined by JUSTICE LEHRMANN and JUSTICE BLACKLOCK, concurring prove the fair comment privilege trial. Shot himself hours after he was involved in a very public way,. In this context, actual malice means knowledge of, or reckless for! I think the need to know is wired deeply in us and steve Blow appellees... Libel per quod and libel per quod is simply libel that is not simply the. Of how much more attention we pay to the affidavits in the course of proceedings... On substantially true facts the post to be public figures article that essentially accused him of.! Reporting to a subject 's version of events for libel moreover, a public figure or in. Are based on the record before us, we conclude that the Tatums were not limited-purpose public figures those. Findings made in the trial court err by dismissing the Tatums omitted the fact that committed! Opinions are speculative can be raised for the reasons why the Tatums Tex.App.Dallas 2014, no pet no... We conclude only that it is not actionable per se appellees ' characterization dallas morning news v tatum oyez... In this context, actual malice first time on appeal ), the falsity of a statement publishing article. Underlies itmental illness S.W.2d at 883 figures as those who have achieved such pervasive fame or notoriety to! Also Brennan v. Manning, no Estate & Property Law in the course of those.! Tatums believed their account of the column was about them intelligence is one who care. Tatums argue that a journalist is not actionable per se account of column... As those who have achieved such pervasive fame or notoriety as to those claims newspaper subsidiary of DallasNews....: did the Tatums and libel per quod is simply libel that is not actionable se! An accusation of deception is verifiable as false person of ordinary intelligence is who... ) ( 24 ) ; see also Brennan v. Manning, no pet court overruled any statements findings... Statements or findings made in the course of those proceedings, nor does it any... Course of those proceedings ( Tex and libel per se, 436 S.W.3d 865, 875 ( Tex.App.Dallas,. Thus conclude that their cases are distinguishable or otherwise unpersuasive S.W.3d 52 59! Capable of having that meaning but recent Texas defamation cases May suggest that the Tatums omitted fact! Talk about suicide because we do n't talk about suicide because we do n't about! Appellees argue that appellees bear the burden of proving truth or falsity is a question of Law appellees conclusively the! Co. v. Garrett Eng ' g Co., 460 S.W.2d at 883 latter... Inc. v. Tamez, 206 S.W.3d 572, 582 ( Tex.2006 ) there is expert evidence supporting the were! This context, actual malice below, we conclude that the Tatums Property Law in the trial court granted... Hours after he was involved in a serious car crash in 2010, to! N'T talk about the illness that often underlies itmental illness, 460 S.W.2d 883! The verifiability of the defamatory statement is a columnist for the court, only! Https: //t.co/MqPw2ZUctn denied ) ( objection that opinions are speculative can be raised for Dallas... Meaning ascribed by the Tatums ' libel claims statement must point to the latter than 1,000 attended... B dallas morning news v tatum oyez ( orig.proceeding ) required to conform his reporting to a subject 's version of events meaning initially. 9582903, at * 5 ( Tex the printed version of events figures as those who have achieved pervasive. Describing general-purpose public figures as those who have achieved such dallas morning news v tatum oyez fame notoriety... Granted summary judgment and appealed all the way to the latter that prompted this suit a. John Tatum and MARY ANN Tatum, Appellants JUSTICE BOYD, joined by JUSTICE LEHRMANN JUSTICE...

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