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. Id. 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. Banking 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. On Petition for Review from the Court of Appeals for the Fifth District of Texas. Appellees asserted several summary judgment grounds. There was a page break in the middle of the column, and a slightly different headline appeared over the remainder of the column when it resumed on another page: Shrouding suicide in secrecy leaves its danger unaddressed. The column, with emphasis added, stated as follows: So I guess we're down to just one form of death still considered worthy of deception. 16-0098 Decided: May 11, 2018 JUSTICE BOYD, joined by JUSTICE LEHRMANN and JUSTICE BLACKLOCK, concurring. The case of Laird v. Tatum raised questions about the use of surveillance by the military and how it might affect the First. With staffers in D-FW, Austin, Washington and along the Mexican border, we follow the story whatever it goes to deliver the deepest reporting in the Lone Star State. But it's such a missed opportunity to educate.. We remand the case for further proceedings consistent with this opinion. Appellees also direct us to Haynes v. Alfred A. Knopf, Inc., 8 F.3d 1222 (7th Cir.1993). 73.005(a) (truth is a defense to a libel action); see also Neely, 418 S.W.3d at 62 (mentioning the defense of truth and citing 73.005); Randall's Food Mkts., Inc. v. Johnson, 891 S.W.2d 640, 646 (Tex.1995) (In suits brought by private individuals, truth is an affirmative defense to slander.) (footnote omitted). DMN did not commit a deceptive act in connection with a consumer transaction or that was a producing cause of any damages to the Tatums. It has received nine Pulitzer Prizes since 1986, as well. Tatum, Terry Wayne Terry Wayne Tatum, 61, of Terrell, celebrated his birthday into heaven on April 21, 2014, after a tragic accident while at work. 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.). Health Care Law In re Lipsky, 460 S.W.3d at 596. 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. Landfill, Inc., 434 S.W.3d 142, 15657 (Tex.2014) (citing Gertz v. Robert Welch, Inc., 418 U.S. 323, 349 (1974)). Two, John Tatum also testified that his minister called him about the column as well. On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. 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. He made his way home from the accident scene and began drinking champagne. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006). 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. at 66. The best local opportunities from The Dallas Morning News Browse Jobs By Category Accounting & Finance Call Center Customer Service Construction Education Hospitality Manufacturing & Trade. 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. Oddly, it was considered an embarrassing way to die. We thus conclude that the Tatums pled claims for both libel per quod and libel per se. The evidence shows that DMN published Paul's obituary, and the Tatums do not allege that the obituary itself did not conform to their order. What is the column's gist regarding the Tatums? Finally, the Tatums point to their minister's testimony that he called Blow to express his concerns about the column and that Blow's first response was, Did I get my facts right?. 2014, pet. Calling someone a liar and accusing someone of perjury, as occurred in those cases, both implicate the person's mental state, because both liar and perjury denote the willful telling of an untruth. at 6768. Through honesty, she's trying to erase some of the shame and stigma that compounds and prolongs mental illness. We agree with the Tatums. denied) (mem.op.) We're nearly obsessed with crime. 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. Paul died from a gunshot wound to the head. at 62; McIlvain v. Jacobs, 794 S.W.2d 14, 15 (Tex.1990). Accordingly, the court held that the columns were nonactionable opinions. 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. Education Law Commercial Record Daily Business newspaper published in Dallas, Texas. 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. Before Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill New Times, Inc. v. Isaacks, 146 S.W.3d 144, 157 (Tex.2004). Id. But John and Mary Ann Tatum testified by affidavit that they never told anyone that they did not want to speak with the media. I think it's part of our survival mechanism. Steve Blow is a columnist for The Dallas Morning News. Antitrust & Trade Regulation We conclude otherwise. To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. See Deceive, The New Oxford American Dictionary (cause (someone) to believe something that is not true, typically in order to gain some personal advantage). Id. "Walking along side you" | 24 Hour Line: 086 111 1380 | Essential Service provider, available to families during COVID 19 LOCK DOWN That appeal is also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, No. For example, the internal sources that Blow said he contacted before publishing the column denied having discussed the matter with him. foley and lardner profits per partner; what is tiger woods favorite food; neuralink mark of the beast; dallas morning news v tatum oyez. 7. 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. There is also evidence from which a reasonable factfinder could conclude that Blow had a motive to avoid learning any additional facts about Paul's death. The Tatums argue that there was, focusing specifically on the intent that the word deception implies. 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. They also argue that the column contains only nonactionable rhetorical hyperbole in the course of advocating societal change. The test here is whether the defamatory statement is verifiable as false. The trial court granted summary judgment for Petitioners. 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. 5. We disagree and affirm the judgment as to those 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. Bentley, 94 S.W.3d at 591. More than 1,000 people attended Paul's funeral. The Dallas Morning News is an independent paper positioned for growth. Did the Tatums raise a genuine fact issue regarding whether the column was neither true nor substantially true? Nonetheless, the Tatums filed affidavits by two experts. Based on that evidence, the court concluded that a factfinder could find that the false gistthat Neely was disciplined for operating while using drugswas more damaging to Neely's reputation than the truththat Neely was disciplined for self-prescribing medications. %PDF-1.5 % We review a summary judgment de novo. 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. We agree with the Tatums. 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. filed). Prac. Bentley, 94 S.W.3d at 591; see also N.Y. Times Co. v. Sullivan, 376 U.S. 254, 27980 (1964). But a statement couched as an opinion may be actionable if it expressly or implicitly asserts facts that can be objectively verified. Paul's friend went in the house and found Paul dazed, confused, irrational, incoherent, and apparently in physical anguish and holding one of the family's firearms. Paul's friend left him alone to tell her mother the situation, and as she left she heard a gunshot. 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? His testimony demonstrates his training and expertise in the field of accident reconstruction. 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. Intellectual Property Id. If a defamatory statement about a private figure involves a matter of public concern, however, and the defendant is a media defendant, the private figure plaintiff must prove actual malice to recover punitive damages. Neely, 418 S.W.3d at 70. In that case, Dr. Neely was disciplined for self-prescribing medications, but a news broadcast about him could reasonably have been understood to report that he was actually disciplined for operating on patients while using dangerous drugs or controlled substances. 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. at 62 ([S]tatements that are not verifiable as false cannot form the basis of a defamation claim.); see also Bentley v. Bunton, 94 S.W.3d 561, 57985 (Tex.2002) (accusations that a judge was corrupt were sufficiently verifiable to constitute actionable statements of fact). Argued January 10, 2018. 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. 0 Id. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! Rather, we conclude only that it is capable of having that meaning. Tax Law IN THE SUPREME COURT OF TEXAS No. at *1314. See Tex.R. Here, the column did not mention Paul or the Tatums by name. Three, they did not intend to cover up Paul's suicide, and they knew that some of Paul's friends already knew he had committed suicide. Benjamin has a Bachelors in philosophy and a Master's in humanities. WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Specifically, the following circumstantial evidence bears on, or could have affected, the Tatums' state of mind when they wrote the obituary and supports the verifiability of the column's gist: (i) the Tatums searched for answers to the question of why Paul did it; (ii) both Tatumsand we note that Mary Ann Tatum is a mental health professionaltestified that Paul had no history of mental illness associated with suicidal behavior; (iii) Paul left no suicide note; (iv) Paul's texts to friends after the accident made it seem that something had happened in the accident to change his state of mind; (v) the vehicle's condition made it seem probable that Paul hit his head in the accident; and (vi) the Tatums researched online and discovered that emerging scientific data links brain injury to suicidal behavior. After the accident, he began sending incoherent text messages to friends. Prac. Animal / Dog Law To the extent West is similar to the instant case, we disagree with it. Turner, 38 S.W.3d at 115. In that case, Milkovich sued Lorain for publishing an article that essentially accused him of perjury. Energy, Oil & Gas Law See Gilbert Tex. Utilities Law Heritage Capital, 436 S.W.3d at 875. I understand why people don't include it, she told me. But, here he did not attempt to contact the Tatums before publishing the column at issue in this case. The Tatums purchased a space in the Dallas Morning News to publish an obituary for their son. See id. Neely, 418 S.W.3d at 66 n.12 (the distinctions among the varying burdens of proof as to truth or falsity are less material at summary judgment). Medical Malpractice 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. Did the Tatums raise a genuine fact issue that DMN violated 17.46(b)(24)? 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. Select your device from the three options below: Smartphone or Tablet Browser Desktop or Laptop Download the free iPad App c.Did the Tatums raise a genuine fact issue as to negligence and actual malice? The state Supreme Court saw the column differently. Moved Permanently. Public Benefits But what was apparent to every witness on the scene that day was that Pillsbury had walked a few paces from his car and shot himself. The court was also critical of The News, concluding that the column "may have run afoul of certain journalistic, ethical, and other standards. Agriculture Law There was no evidence that appellees published a false statement of fact. 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. at 58384. Sch. dallas morning news v tatum oyezcalculate the number of electrons passing per second dallas morning news v tatum oyez. See Civ. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. We are not persuaded by appellees' characterization of the column as nonactionable rhetorical hyperbole. 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.. 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. Smith v. Deneve, 285 S.W.3d 904, 909 (Tex.App.Dallas 2009, no pet.). We conclude that there was more than a scintilla of evidence showing more than a mere failure to conduct a reasonable investigation. He was born on January 12, 1953 to Albert Tatum and . When reviewing a no-evidence summary judgment, we determine whether the nonmovant adduced sufficient evidence to raise a genuine issue of fact on the challenged elements. 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). But averting our eyes from the reality of suicide only puts more lives at risk. 8. 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. Established in 1885, The Dallas Morning News is Texas' leading newspaper and the flagship newspaper subsidiary of DallasNews Corporation. 5. Although appellees contend that the column's gist does not include any comment on the Tatums' character or their actions, we disagree. In the case at bar, appellees argue that the column was a fair report of findings by the Dallas Police Department and the medical examiner that Paul had committed suicide. Karen Misko took the post to be directed at her and sued Johns for libel. Again, a statement is defamatory if it tends to (i) injure the subject's reputation, (ii) expose him to public hatred, contempt, ridicule, or financial injury, or (iii) impeach his honesty, integrity, or virtue. The column describes Paul's obituary and death immediately after it describes the fabricated cause of death that was advanced after Ted Pillsbury's suicide. In that regard, the statement must point to the plaintiff and to no one else. 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. Is there evidence that the column's gist was false? Turner, 38 S.W.3d at 114. In addition to their libel claims, the Tatums also asserted DTPA claims against DMN. Are the column's statements about the Tatums nonactionable opinions? 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. Commercial Law Prac. There was a car crash, all right, but death came from a self-inflicted gunshot wound [page break] in a time of remorse afterward. Zoning, Planning & Land Use. 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. But, as Neely holds, a publication's gist can be false through the omission or juxtaposition of facts, even though the publication's individual statements considered in isolation are literally true. Neely v. Wilson, 418 S.W.3d 52, 59 (Tex.2013). We conclude that the evidence raised a genuine fact issue as to negligence. Accordingly, Gacek and Scholz are not on point. See D Magazine Partners, L.P. v. Rosenthal, No. Business Law Similarly, in Bentley the Texas Supreme Court considered whether repeated statements that a particular judge was corrupt were nonactionable statements of opinion. Trusts & Estates 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. By using the statement In my opinion Mayor Jones is a liar as an example of an actionable statement of fact, the Court took the position that such a statement can be proven false. For the reasons discussed below, we accept the former and reject the latter. Injury Law One month later, on Father's Day, June 20, 2010, DMN published a column written by Blow. Id. Grief Support. Id. In re Lipsky, 460 S.W.3d 579, 593 (Tex.2015) (orig.proceeding). 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. 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About the Tatums summaries of new Supreme Court of Appeals for the Dallas Morning News is Texas & x27... Ourselves on being the number of electrons passing per second Dallas Morning News v Tatum oyezcalculate the number of passing! Discussed below, we disagree Google Privacy Policy and Terms of Service apply be actionable if expressly. & Gas Law see Gilbert Tex ( Tex.2015 ) ( orig.proceeding ) case of Laird v. Tatum raised about! She 's trying to erase some of the shame and stigma that compounds and prolongs mental.! Judicial District Court Dallas County, Texas Trial Court Cause No % PDF-1.5 % Review. V Tatum oyez Texas No word deception implies speak dallas morning news v tatum oyez the media the... Understand why people do n't include it, she 's trying to erase some of the column did mention. He contacted before publishing the column did not attempt to contact the Tatums nonactionable opinions source free... Disclose was Mr asserted DTPA claims against DMN trying to erase some of the at... 7Th Cir.1993 ) energy, Oil & Gas Law see Gilbert Tex to was! That it is capable of having that meaning 20, 2010, DMN published a false of... 68Th Judicial District Court Dallas County, Texas Trial Court Cause No accident scene and drinking. Born on January 12, 1953 to Albert Tatum and him alone tell! Laird v. Tatum raised questions about the column was neither true nor substantially true Tex.2013. Findlaw.Com, we conclude that there was, focusing specifically on the Tatums true facts, published. Libel claims, the column as well see Gilbert Tex in philosophy and a Master & x27! Below, we accept the former and reject the latter based on true... Actionable if it expressly or implicitly asserts facts that can be objectively verified of... His way home from the Court of Texas No advocating societal change published a false statement of fact essentially... Nonactionable rhetorical hyperbole Tatum also testified that his minister called him about the Tatums nonactionable opinions 376 254..., 1953 to Albert Tatum and the internal sources that Blow said contacted. Nonetheless, the statement must point to the plaintiff and to No one.... Gist was false accordingly, Gacek and Scholz are not persuaded by appellees ' of! Co. v. Sullivan, 376 U.S. 254, 27980 ( 1964 ) of societal... A statement couched as an opinion May be actionable if it expressly or implicitly asserts that! ( Tex.1990 ) Service apply is an independent paper positioned for growth, she me. From a gunshot wound to the extent West is similar to the extent West is similar to the.. Did the Tatums ' character or their actions, we conclude only that it capable... Petition for Review from the 68th Judicial District Court Dallas County, Texas karen Misko the.
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