On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. Public figure status is a question of law for the court. 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. Because the evidence in Neely raised a genuine fact issue as to whether a news broadcast was substantially true, the court held that the defendants were not entitled to summary judgment based on the fair comment privilege. at 571; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 (Tex.App.Houston [1st Dist.] 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. Employment Law of Tex., Inc., 434 S.W.3d at 15657. 2015 WL 5156908, at *6 n.6. After the accident, he began sending incoherent text messages to friends. 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 Seventh Circuit said in dicta that these statements were probably nonactionable as obvious statements of opinion, but the court held that Haynes's claims failed because he alleged no pecuniary injury from these statements. For the above reasons, we conclude that a person of ordinary intelligence could construe the column to suggest that Paul suffered from mental illness and his parents failed to confront it honestly and timely, perhaps missing a chance to save his life. 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. In the ePaper section, you'll find: A digital replica of the print edition to give you all the news you need each day Additional ePaper-only bonus content, including extra comics and puzzles Criminal Law We agree with the Tatums. Environmental Law 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. 1992, writ dism'd w.o.j.) This meaning is defamatory because it tends to injure the Tatums' reputations and to expose them to public hatred, contempt, or ridicule. We reverse the trial court's summary judgment to the extent it orders the Tatums to take nothing on their libel and libel per se claims. Thus, unlike the statement, In my opinion Mayor Jones is a liar, the statement, In my opinion Mayor Jones shows his abysmal ignorance by accepting the teachings of Marx and Lenin, would not be actionable. Waste Mgmt. Stay up-to-date with how the law affects your life. My column told them nothing they didn't already know. And, in his deposition, Blow testified that he thought that people who knew both what the obituary said and that Paul shot himself would recognize the reference in his column. Accordingly, because there is no evidence of a public controversy that could make the Tatums limited-purpose public figures, we conclude that the Tatums are private figures for purposes of this summary judgment appeal. Appellees' contrary argument fails on the first prong we referenced abovethe existence of a public controversy for the Tatums to participate in. 12, 2007, pet. Id. Did appellees conclusively prove the official proceeding privilege? Prac. The above parts alone could cause a person of ordinary intelligence to read the column as accusing the Tatums of deceit by writing an obituary that stated a false cause of Paul's death and concealed the true cause of his death (for their own self-benefit and to the detriment of society as a whole). We have already concluded that a reasonable reader could conclude that the column presents a false gist about the Tatums. 186 0 obj <> endobj Newspapers don't write about suicides unless they involve a public figure or happen in a very public way. 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. 73.001 (West 2011). Believing that Paul's suicide was caused by a brain injury he sustained in the earlier automobile accident, the Tatums stated in the obituary that Paul died as a result of injuries sustained in an automobile accident. The obituary was published on May 21, 2010. Crediting the Tatums' evidence as we must, we conclude that a reasonable factfinder could find that the column's gist was false. But the court went on to hold that "to the extent that the column states that the Tatums acted deceptively, it is true." One month later, on Father's Day, June 20, 2010, DMN published a column written by Blow. Moreover, a witness named Jenyce Gush testified by deposition that she read Paul's obituary before Blow's column was published, and that when Blow's column was published she knew which obituary he was referring to. Election Law There was a car crash, all right, but death came from a self-inflicted gunshot wound [page break] in a time of remorse afterward. See D Magazine Partners, L.P. v. Rosenthal, No. foley and lardner profits per partner; what is tiger woods favorite food; neuralink mark of the beast; dallas morning news v tatum oyez. The test here is whether the defamatory statement is verifiable as false. Heritage Capital, 436 S.W.3d at 875. 3. In addition to their libel claims, the Tatums also asserted DTPA claims against DMN. Similarly, in Bentley the Texas Supreme Court considered whether repeated statements that a particular judge was corrupt were nonactionable statements of opinion. If you have STRONG suspicions to whom do you turn them over? Id. The Dallas Morning News, Inc. and Steve Blow, Petitioners v. John Tatum and Mary Ann Tatum, Respondents No. Because the evidence raises a genuine fact issue that the column's gist was neither true nor substantially true, appellees' traditional and no-evidence summary judgment grounds addressing truth and substantial truth cannot support the trial court's judgment. To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. 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. 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. 6. Based on their view of the column's gist, appellees next argue that the cause of Paul's suicide and the Tatums' belief about that cause are irrelevant to the issue of truth. Smith v. Deneve, 285 S.W.3d 904, 909 (Tex.App.Dallas 2009, no pet.). 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. We disagree and affirm the judgment as to those claims. Constitutional Law I think the need to know is wired deeply in us. The Supreme Court reversed the summary judgment against Milkovich, explaining the verifiable-as-false test as follows: Foremost, we think Hepps[7] stands for the proposition that a statement on matters of public concern must be provable as false before there can be liability under state defamation law, at least in situations, like the present, where a media defendant is involved. A defamation plaintiff must prove that the allegedly defamatory statement referred to him or her. Civ. We held that these affidavits provided clear and specific evidence that the post was about Misko, even though Misko was not named in it. We are not persuaded. Read Tatum v. Dall. Corporate Compliance Bentley, 94 S.W.3d at 591. at 72. 7. As to the second prong, we have already concluded that a reasonable gist of the column was that the Tatums wrote the obituary to deceive readers about the cause of Paul's death, to conceal that Paul was mentally ill, and to conceal that they had not tried to intervene and treat his illness. Government Contracts The Tatums son shot himself hours after he was involved in a serious car crash in 2010, according to court records. Whether a publication is capable of a defamatory meaning is initially a question for the court. Steve Blow is a columnist for The Dallas Morning News. Consumer Law The trial court granted Defendant's motion to dismiss Plaintiffs' action under the Texas Citizens Participation Act. 4. Without naming the Tatums, Blow quoted from the obituary, which said the teen died from injuries sustained in a car accident, and wrote that suicide remains cloaked in such secrecy, if not outright deception., The court's opinion said that in accusing the Tatums of deception, the column was reasonably capable of being defamatory. at 62; McIlvain v. Jacobs, 794 S.W.2d 14, 15 (Tex.1990). 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.. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 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. Id. He reviewed black box recorder data from the Tatums' vehicle that was involved in the accident, reviewed photographs of the vehicle, and interviewed the person who inspected the vehicle after the accident. Moved Permanently. We conclude that the evidence raised a genuine fact issue as to negligence. App.Dallas Dec. 30, 2015, pet. at 1001 & n.1. Thus, the column does not qualify for the official proceeding privilege. We agree with the Tatums. Civil Procedure I'm told there was a time when the word cancer was never mentioned. Viewing the evidence in the light most favorable to the Tatums, we conclude that a reasonable person could find that people who knew the Tatums would reasonably understand that the column referred to the Tatums. dallas morning news v tatum oyezcalculate the number of electrons passing per second dallas morning news v tatum oyez. Appellees won a take-nothing summary judgment. Prac. This case involves libel, which is a defamation expressed in written or other graphic form. Neely, however, submitted evidence that he had not actually operated on patients while taking or using dangerous drugs or controlled substances. b. 051400951CV, 2015 WL 5156908, at *5, *8 (Tex.App.Dallas Aug. 28, 2015, pet. Id. A statement does not have to refer to the plaintiff by name, however, if people who know and are acquainted with the plaintiff reasonably understand from reading the statement that it referred to the plaintiff. Main, 348 S.W.3d at 395; see also Houseman v. Publicaciones Paso del Norte, S.A., 242 S.W.3d 518, 525 (Tex.App.El Paso 2007, no pet.) 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. Select your device from the three options below: Smartphone or Tablet Browser Desktop or Laptop Download the free iPad App The trial court granted summary judgment for Petitioners. of Tex., Inc. v. Tex. DMN counterclaimed for its attorneys' fees under the DTPA. Add . We are not persuaded by appellees' characterization of the column as nonactionable rhetorical hyperbole. Personal Injury Education Law There was no evidence the complained of act was a producing cause of the Tatums' damages. As stated in their brief, their DTPA claims stem from DMN's alleged practices and deception surrounding its sale of obituary services to the Tatums. They argue that the information DMN failed to disclose was Mr. By signing up you agree to our Terms of Service and Privacy Policy, Stand with us in our mission to discover and uncover the story of North Texas, Texas Supreme Court dismisses defamation lawsuit against The Dallas Morning News, New apartment project coming for Allens downtown district, Smoke-filled Spirit Airlines flight from DFW Airport diverted after battery fire, Target plans new store in Oak Cliffs Wynnewood Village, Ross Perot Jr.s Hillwood buys California NASCAR track for estimated $543.7 million, Plano-based Reata soars on FDA approval for ultra-rare disease drug after 15 years, New Vals Cheesecakes shop in the Cedars pays it forward with food business incubator, Southwest Airlines ups its caffeine game by introducing in-flight bottled iced coffee, Hot List: 16 great restaurants to visit in Dallas-Fort Worth in March 2023, A living list: Dallas-Fort Worths oldest restaurants, aged 50 and up, Garlands Pho Real Trail highlights the citys growing Vietnamese food scene, Dallas-Fort Worth could see severe thunderstorms, large hail, tornadoes Thursday, Author of Texas drag bill says video of him wearing dress was a joke back in school, Judge rules in favor of Michael Irvin in request for expedited evidence in $100M lawsuit, Former DPD chief David Brown returning to North Texas after resigning as Chicagos top cop, Corby Davidson, radio co-host of The Tickets Hardline, has rare benign tumor, Ray Davis optimistic, anxious about Rangers season amidst tumultuous TV situation, Cowboys coach Mike McCarthy addresses philosophical differences between him, Kellen Moore, Marriott fires back at Michael Irvins request for expedited evidence in $100M lawsuit, Oak Cliff apartment project will bring affordable units, skyline view of Dallas, Rangers pitching update: Nathan Eovaldi to miss next start, Jos Leclerc may miss WBC. We conclude that summary judgment was proper as to the Tatums' DTPA claims but not as to their libel claims. 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. B. Utilities Law For the reasons discussed below, we conclude that their cases are distinguishable or otherwise unpersuasive. You already receive all suggested Justia Opinion Summary Newsletters. 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. See id. Heritage Capital, 436 S.W.3d at 875; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.). See Deception, Webster's Third New International Dictionary of the English Language Unabridged (1981) (the act of deceiving, cheating, hoodwinking, misleading, or deluding); see also Deceive, id. The evidence also showed that their friends, recognizing that the column was about the Tatums, contacted them and told them about the column. (to cause to believe the false); Deceive, Garner's Dictionary of Legal Usage (3d ed.2011) (to induce someone to believe in a falsehood); Deceive, The New Oxford American Dictionary (2001) (cause (someone) to believe something that is not true, typically in order to gain some personal advantage).3 Thus, a person of ordinary intelligence could, under the circumstances, at this point alone read the column to have a defamatory meaning by impeaching the Tatums' honesty and integrity. To the contrary, the column's tone is generally sober, and it purports to be grounded in factual details such as the circumstances of Pillsbury's and Paul's deaths, data about the prevalence of suicide among young people, and Julie Hersh's public efforts to reduce the shame and stigma surrounding mental illness. The Tatums timely filed a second notice of appeal. Grief Support. Benjamin has a Bachelors in philosophy and a Master's in humanities. Prac. Immigration Law There was no evidence the complained of act was committed in connection with the transaction.. The Tatums argue that the service at issue is publishing the obituary. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). 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. 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. From the people we hire to the way we work, let them tell you how we are different. Avila v. Larrea, 394 S.W.3d 646, 658 (Tex.App.Dallas 2012, pet. Constr., L.P. v. Underwriters at Lloyd's London, 327 S.W.3d 118, 127 (Tex.2010) (citing dictionaries as aids to interpreting an insurance policy). dallas morning news v tatum oyezcash cars for sale memphis. To qualify for the official proceeding privilege, a publication must be (i) a fair, true, and impartial account of (ii) an official proceeding to administer the law. To the extent a negligence standard applies, there was no evidence of negligence. See id. All rights reserved. Search by Name. The Dallas Express a newspaper printed by and for the city's African American community ALSO essential sadly, only the years 1919-1924 have been scanned, here The Jewish Monitor published in Fort Worth, serving the DFW (and Texas) Jewish community, 1919-1921, here The Texas Jewish Post, 1950-2011, here He then called a friend, and their conversation prompted her and her mother to drive to the Tatums' house during the early morning hours of May 18. And, for a matter to be a public controversy, its resolution must affect people beyond its immediate participants. Libel per quod is simply libel that is not actionable per se. filed). Phila. The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. "Walking along side you" | 24 Hour Line: 086 111 1380 | Essential Service provider, available to families during COVID 19 LOCK DOWN (a publication qualified for the privilege only if it purported to be, and was, only a fair, true and impartial report of what was stated at a city council meeting). hbbd``b`@q?`]$^@' BD A:X %@b5$t.#'PFF 6 That question remains to be decided by the factfinder. 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.). But appellees do not explain how the column amounts to rhetorical hyperbole. Because we conclude that the evidence raised a genuine fact issue regarding whether the column was true or substantially true regarding the Tatums, we need not decide which side had the burden of proof. 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. John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc. and Steve Blow, Appellees. Based on the above, we conclude that the expert affidavits are not speculative and the trial court did not err by overruling appellees' objections. We remand the case for further proceedings consistent with this opinion. They argue that the column's gist includes an assertion that they falsely ascribed Paul's death to injuries sustained in an automobile accident with the intent to mislead and deceive readers and to cover up his suicide. The truth of the column's gist hinges on whether the Tatums intended to deceive when they wrote the obituary, not necessarily on the strength of the scientific evidence supporting their belief about the cause of Paul's suicide. Am. Legal Ethics at 122627. If a publication is of ambiguous or doubtful import, however, the jury must determine its meaning. See Hancock v. Variyam, 400 S.W.3d 59, 64 (Tex.2013) (Defamation per quod is defamation that is not actionable per se.). 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. Although the West court acknowledged and purported to apply the Milkovich analysis, it disregarded Milkovich's conclusions that accusing a person of being a liar or committing perjury can be sufficiently verifiable to constitute an actionable statement of fact rather than a nonactionable opinion. On June 20, 2010Father's Day, and about one month after Paul's suicidethe paper published a column by Blow entitled "Shrouding Suicide Leaves its Danger Unaddressed." Posted By : / chsaa basketball rule book /; Under :international cultureinternational culture Their traditional grounds were: The column was not of and concerning the Tatums. No. The summary judgment evidence includes an excerpt from Blow's deposition in which he testified about another time when he wrote a column about two obituaries that had been published about the same decedent. 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. This opinion should not be construed to hold that the column necessarily defamed the Tatums. a. Id. Government & Administrative Law In that regard, the statement must point to the plaintiff and to no one else. He made his way home from the accident scene and began drinking champagne. 6. To accuse someone of deception is to impeach his or her honesty and integrity. But because the accusation was an opinion, the trial court properly granted summary judgment in favor of Petitioners. 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. 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. 051400566CV, 2015 WL 1138258 (Tex.App.Dallas Mar. Accordingly, there is expert evidence supporting the Tatums' theory that Paul suffered a brain injury that made him suicidal. Based on his investigation and experience, Kass concluded that Paul sustained a brain injury in the auto accident and that Paul would not have committed suicide but for the car accident and brain injury. Appellees further argue that the column does not omit or juxtapose facts in such a way as to make its gist false. Conclude that the column does not qualify for the Tatums also asserted DTPA claims against.. Messages to friends particular judge was corrupt were nonactionable statements of opinion oyezcash cars for sale memphis to participate.! Whether repeated statements that a reasonable factfinder could find that the column does not qualify for the reasons below. On Appeal from the 68th Judicial District court Dallas County, Texas trial court properly granted summary judgment their! Have STRONG suspicions to whom do you turn them over test here is whether the defamatory statement is as!, 411 ( Tex.App.Houston [ 1st Dist. with how the Law affects your life while taking using! 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