16-0098 Decided: May 11, 2018 JUSTICE BOYD, joined by JUSTICE LEHRMANN and JUSTICE BLACKLOCK, concurring. West sued for defamation, he lost the case on summary judgment, and the case came before the Utah Supreme Court. 29, 2013), aff'd, 41 N.E.3d 38 (Mass.2015). Viewed in the light most favorable to the Tatums, the evidence raised a genuine issue of material fact as to the actual malice element. These affidavits create a reasonable inference that persons who knew the Tatums also knew that the column referred to them. 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. Id. Heritage Capital, LP v. Gonzalez, 436 S.W.3d 865, 875 (Tex.App.Dallas 2014, no pet. We recently cited Lipsky and placed the burden of proving falsity on the plaintiff in a libel case involving the Texas Citizens Participation Act, Civ. This site is protected by reCAPTCHA and the Google. Animal / Dog Law This case involves libel, which is a defamation expressed in written or other graphic form. Sysco Food Servs., Inc. v. Trapnell, 890 S.W.2d 796, 800 (Tex.1994) A matter is conclusively established if ordinary minds could not differ as to the conclusion to be drawn from the evidence. In re Estate of Hendler, 316 S.W.3d 703, 707 (Tex.App.Dallas 2010, no pet.). See McConnell v. Southside Indep. Legal Ethics at 6667. 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. 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. Julie recently wrote a blog item titled Don't omit from the obit, urging more openness about suicide as a cause of death. Specifically, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering. That decision, which backed the Tatums defamation claims, said readers could construe the column to suggest that Paul suffered from mental illness.. The Tatums' live pleading asserted Libel as count 1 and Libel per se as count 2. at 100001. Waste Mgmt. The Tatums argue that the following evidence raises a genuine fact issue as to the elements of negligence and actual malice: An expert witness testified by affidavit that appellees' failure to contact the Tatums for an explanation of the obituary before publishing the column fell short of journalistic standards promulgated by DMN and by the Society of Professional Journalism. 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. 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. 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. The column was true or substantially true. The column's gist is not simply that the Tatums omitted the fact that Paul committed suicide from the obituary. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. To accuse someone of deception is to impeach his or her honesty and integrity. To be actionable defamation, a statement must be a statement of verifiable fact rather than opinion. I think the need to know is wired deeply in us. But recent Texas defamation cases may suggest that the plaintiff always has the burden of proving falsity. Gaming Law That question remains to be decided by the factfinder. 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. Id. P. 166a(i). The Texas Supreme Court dismissed a lawsuit Friday in which a couple claimed The Dallas Morning News defamed them when it published a column disclosing their decision to omit information about their teenage son's suicide from a paid obituary. The Dallas Morning News is an independent paper positioned for growth. Court. 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. 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. Through honesty, she's trying to erase some of the shame and stigma that compounds and prolongs mental illness. Under Supreme Court precedents, a defamation plaintiff must prove that the defendant acted with actual malice if the plaintiff is a public official, a public figure, or a limited-purpose public figure. The other affidavit is by Dr. Joseph Kass, a medical doctor and neurologist who possesses expertise in neurocognitive disorders such as traumatic brain injuries. The test here is whether the defamatory statement is verifiable as false. You're all set! Gacek v. Owens & Minor Distrib., Inc., 666 F.3d 1142, 114748 (8th Cir.2012); Scholz v. Bos. 051400566CV, 2015 WL 1138258 (Tex.App.Dallas Mar. b. But the standards governing the law of defamation are not among them. See Neely, 418 S.W.3d at 63. 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. at *13. Steve Blow is a columnist for The Dallas Morning News. There was no evidence the complained of act was a producing cause of the Tatums' damages. Appellees also argue on appeal that any libel per quod claim fails because the Tatums did not plead or prove special damages. 8. Neely, 418 S.W.3d at 70. Generally speaking, the column's italicized words quoted above reflect a theme of alleged dishonesty by people, including those who wrote Paul's obituary, who refuse to acknowledge that someone committed suicide. 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. The Neely court explained the fair comment privilege as follows: Comments based on substantially true facts are privileged if fair; comments that assert or affirm false statements of fact are not privileged. 1992, writ dism'd w.o.j.) There was a car crash, all right, but death came from a self-inflicted gunshot wound [page break] in a time of remorse afterward. hbbd``b`@q?`]$^@' BD A:X %@b5$t.#'PFF 6 Speech deals with matters of public concern when it can be fairly considered as relating to any matter of political, social, or other concern to the community or when it is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public Snyder v. Phelps, 562 U.S. 443, 453 (2011) (internal quotations and citations omitted). Contracts Yet we're nearly blind to the greater threat of self-inflicted violence. Rather, this case turns on the verifiability of the column's accusation of deception against the Tatums. Am. Reckless disregard means that the publisher entertained serious doubts about the publication's truth or had a high degree of awareness of the publication's probable falsity. Landlord - Tenant 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). Select your device from the three options below: Smartphone or Tablet Browser Desktop or Laptop Download the free iPad App 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. 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. The Tatums argue that an accusation of deception is verifiable and therefore actionable, while appellees argue that it is not. Bankruptcy 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. Id. Corporate Compliance Zoning, Planning & Land Use. Thus, they must prove only negligence to recover compensatory damages. Is there evidence that the column's gist was false? 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. WFAATV, Inc.,978 S.W.2d at 572. Did you know that almost twice as many people die each year from suicide as from homicide? The Dallas Morning News published the obituary on May 21, 2010. The column's headline was Shrouding suicide leaves its danger unaddressed. (Emphasis added). 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. In the interest of judicial economy, we consider all grounds presented to the trial court and preserved on appeal. Accordingly, the Tatums submitted enough evidence to raise a genuine fact issue regarding whether they believed what they said in the obituary was true, did not intend to mislead or deceive anyone, and did not believe Paul suffered from mental illness. 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). This argument misses the point. Labor & Employment Law 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. 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. Did appellees conclusively prove the fair comment privilege? Appellees also assert that the obituary's omission of Paul's suicide shows that it was in fact a deception. But as discussed above, deception implies intent to deceive, and the Tatums raised a genuine fact issue as to whether they had such an intent. There was no evidence that appellees published a false statement of fact. The summary judgment evidence included a copy of the printed version of the newspaper column that prompted this suit. Intellectual Property Backes, 2015 WL 1138258, at *14. Commercial Record Daily Business newspaper published in Dallas, Texas. a. 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. Benjamin has a Bachelors in philosophy and a Master's in humanities. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! Energy, Oil & Gas Law That is, as Neely illustrates, enough to raise a genuine fact issue on the fair comment privilege. Transportation Law We conclude that the Tatums adduced no evidence of this requirement. See id. Issue Two: Did the trial court err by dismissing the Tatums' DTPA claims? dallas morning news v tatum oyezitalian catering delray beach. 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. 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. We next ask whether there was evidence that the column's gist was false. Bus. Neely, 418 S.W.3d at 61. Id. Although the Tatums' mental states when they wrote the obituary may not be susceptible of direct proof, we conclude that they are sufficiently verifiable through circumstantial evidence, such as the investigation into the possible causes for Paul's suicide that the Tatums undertook, to make the column's defamatory gist about them verifiable under Milkovich and Neely. (A public controversy is not simply a matter of interest to the public; it must be a real dispute, the outcome of which affects the general public or some segment of it in an appreciable way.). It does not mention those proceedings, nor does it report any statements or findings made in the course of those proceedings. The Tatums' attorney, Joe Sibley, said he could not comment since The News was a party to the lawsuit. In light of Milkovich, Neely, and Bentley, we conclude that the column's gist that the Tatums were deceptive when they wrote Paul's obituary is sufficiently verifiable to be actionable in defamation. It took a while for honesty to come to the AIDS epidemic. 71-288 Decided by Burger Court Lower court United States Court of Appeals for the District of Columbia Circuit Citation 408 US 1 (1972) Argued Mar 27, 1972 Decided Jun 26, 1972 Advocates at 62; McIlvain v. Jacobs, 794 S.W.2d 14, 15 (Tex.1990). 16-0098 THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, PETITIONERS v. JOHN TATUM AND MARY ANN TATUM, RESPONDENTS ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS Argued January 10, 2018 JUSTICE BROWN delivered the unanimous opinion of the Court with respect to Parts I, II, (describing general-purpose public figures as those who have achieved such pervasive fame or notoriety as to be public figures for all purposes). 6. Prac. The trial court granted Defendant's motion to dismiss Plaintiffs' action under the Texas Citizens Participation Act. Morbid curiosity, they call it apologetically. The plaintiff must also prove damages unless the defamatory statements are defamatory per se. Id. View "Dallas Morning News, Inc. v. Tatum" on Justia Law. You already receive all suggested Justia Opinion Summary Newsletters. Agriculture Law The actual column, however, can be read to allow and encourage the reader to conclude that the Tatums had no basis for attributing Paul's death to injuries sustained in the earlier car crash and that they wanted to deceive the obituary's readers about the cause of Paul's death, perhaps to conceal their own failure to save his life through an intervention. But it's such a missed opportunity to educate.. This opinion should not be construed to hold that the column necessarily defamed the Tatums. Civ. Our supreme court, however, has embraced the Milkovich verifiability test. 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). 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. Our ePaper and live News feed are now together in one app. 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. Listen, the last thing I want to do is put guilt on the family of suicide victims. He made his way home from the accident scene and began drinking champagne. 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. Moved Permanently. But in late 2015, the 5th District Court of Appeals ruled that the lawsuit could go forward. 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 73.001 (West 2011). 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. at 187. According to an opinion from the Texas Supreme Court that reinstated a lower court ruling that favored the Morning News, the Tatums contend their son showed no sign of mental illness or. Did appellees conclusively prove the official proceeding privilege? Health Law 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. 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. The gist also implies that the explanation the Tatums gave for the cause of Paul's death was false and that Paul committed suicide because of remorse rather than because of injuries suffered in the auto accident. We next consider appellees' summary judgment ground that the column contains only nonactionable opinions. Are the Tatums limited-purpose public figures? We have already concluded that a reasonable reader could conclude that the column presents a false gist about the Tatums. of Tex., Inc. v. Tex. 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. Appellees also direct us to Haynes v. Alfred A. Knopf, Inc., 8 F.3d 1222 (7th Cir.1993). See id. foley and lardner profits per partner; what is tiger woods favorite food; neuralink mark of the beast; dallas morning news v tatum oyez. 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. For defamation, he lost the case on summary judgment, and the case came before the Utah Supreme,. Owens & Minor Distrib., Inc., 666 F.3d 1142, 114748 ( 8th Cir.2012 ) ; v.... Said readers could construe the column to suggest that the column 's headline was suicide... 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