Milkovich v. Lorain Journal Co., 497 U.S. 1, 16, 1920 & n.6 (1990); Phila. 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." But Tomaso and Sherrington were also deposed, and they both testified that they did not remember having a conversation with Blow about Paul's death. Id. 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. We disagree. 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. 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. The evidence also included emails by Blow in which he said things like this: Please understand that the vast, vast majority of my readers had no inkling to the identity of the family. Contracts 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. %PDF-1.5 % 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 We review a summary judgment de novo. Appellees also argue that the column cannot reasonably be read to suggest that Paul had a mental illness. The trial court granted summary judgment for Petitioners. %%EOF 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. He testified that he knew that Bruce Tomaso and Kevin Sherrington looked into Paul's death, and that he could not remember specifically which of them provided him with the information he used in the column. 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. (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 170 S.W.2d 197, 204 (Tex.1943)). 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. We agree with the Tatums. For example, the internal sources that Blow said he contacted before publishing the column denied having discussed the matter with him. at 6667. ERISA Specifically, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering. Based on the record before us, we conclude that the Tatums were not limited-purpose public figures. 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. The next seven paragraphs describe two recent occurrences meant to illustrate Blow's pointthe events surrounding the deaths of Ted Pillsbury and Paul Tatum. Class Action Id. Daily resource for best restaurants in Dallas, recommendations for things to do, local news and commentary on life in Dallas. We agree with the Tatums. OPINION . 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. We thus conclude that the Tatums pled claims for both libel per quod and libel per se. 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. 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. Neely, 418 S.W.3d at 63. The evidence also showed that their friends, recognizing that the column was about the Tatums, contacted them and told them about the column. The Tatums purchased a space in the Dallas Morning News to publish an obituary for their son. 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). 73.002(b)(2). denied) (mem.op.) Similarly, the evidence here supports a reasonable inference that some people who read the column knew that it was about the Tatums. Conversely, a publication that consists of statements that are literally true when read in isolation can still convey a false and defamatory meaning by omitting or juxtaposing facts. See Neely, 418 S.W.3d at 61. Founded in 1885, The Dallas Morning is North Texas' largest news team. b. Because we see no matching argument in appellees' amended motion for summary judgment, that argument is not properly before us. Id. at 21. Transportation Law 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. 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). & Com.Code Ann. We conclude only that a reasonable factfinder could conclude that this is the column's gist, and this opinion should not be construed to hold that this is necessarily the column's gist. Environmental Law Crediting the Tatums' evidence as we must, we conclude that a reasonable factfinder could find that the column's gist was false. Phila. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. 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. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. 0 They also argue that the description of Paul as popular is inconsistent with an imputation of mental illness, as is the assertion that he committed suicide in a time of remorse after a car crash. 17.46(b)(24); see also Brennan v. Manning, No. Appellees negated actual malice, defeating the Tatums' libel claims entirely if they are limited-purpose public figures and defeating their exemplary damage claims if they are private figures. at 60. Sign up for our free summaries and get the latest delivered directly to you. 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. Constitutional Law Prac. Issue One: Did the trial court err by dismissing the Tatums' libel claims? 73.002(b)(1)(B). 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. The Tatums sued Julie Hersh in a separate lawsuit. There was also evidence from which a reasonable jury could find that a proper investigation would have revealed that the Tatums had a good faith belief that Paul's death was in fact caused by injuries sustained in a car accident. 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. Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986). dallas morning news v tatum oyezcash cars for sale memphis. That decision, which backed the Tatums defamation claims, said readers could construe the column to suggest that Paul suffered from mental illness.. Ironically, the first person I knew to die of AIDS was said to have cancer. Did the Tatums raise a genuine fact issue that DMN violated 17.46(b)(24)? 17.46(b)(24) (West 2011). Nonetheless, the Tatums filed affidavits by two experts. The Tatums' argument fails because the information that DMN allegedly failed to disclose does not concern the service they bought. It then denied rehearing on September 28, 2018 File Closed Opinions Issued Case Events Parties and Counsel Opinions May 11, 2018 We must take evidence favorable to the nonmovant as true, and we must indulge every reasonable inference and resolve every doubt in the nonmovant's favor. 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. For the reasons discussed below, we conclude that their cases are distinguishable or otherwise unpersuasive. The Tatums' live pleading asserted Libel as count 1 and Libel per se as count 2. Health Law endstream endobj 187 0 obj <> endobj 188 0 obj <> endobj 189 0 obj <>stream Placing the burden of proving truth or falsity is a complex matter. The column omits the reasons why the Tatums believed their account of the cause of Paul's suicide was true. Nevertheless, the Milkovich Court concluded that calling someone a liar and accusing someone of perjury are both sufficiently verifiable to support a defamation claim. b. Copyright For the reasons discussed below, we conclude that they did. Nonetheless, a journalist may not omit and juxtapose facts in such a way as to make the facts reported convey a false gist or meaning. Our decision in Backes v. Misko, No. Submit an Obituary. If a defamatory statement is true or substantially true, it is not actionable. Did the Tatums raise a genuine fact issue regarding whether the column was neither true nor substantially true? 051400951CV, 2015 WL 5156908, at *5, *8 (Tex.App.Dallas Aug. 28, 2015, pet. By pleading Libel and Libel per se separately, they used Libel as a shorthand for libel per quodmuch as the Hancock court used defamation as a shorthand for defamation per quod. See id. 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.. at 66. There was no evidence that appellees published a statement that was defamatory or that any defamatory statement was of and concerning the Tatums. at 1001 & n.1. That appeal is also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, No. The Dallas Morning News Access ePaper Optimized for your device. Sympathy Ideas. I'm a big admirer of Julie Hersh. 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. When art expert Ted Pillsbury died in March, his company said he suffered an apparent heart attack on a country road in Kaufman County. The Dallas Morning News published the obituary on May 21, 2010. 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. We agree with the Tatums' second argument and thus do not address their first. The court can see if the press was covering the debate, reporting what people were saying and uncovering facts and theories to help the public formulate some judgment. denied) (objection that opinions are speculative can be raised for the first time on appeal). Two, they did not mention suicide in the obituary because (i) they believed it would give a false impression that Paul committed suicide as a result of depression or other mental illness and (ii) they did not feel it would honor Paul's memory to include morbid details about his death or to include overly scientific information. 497 U.S. at 1921. b. 94 S.W.3d at 583. Bankruptcy Are the column's statements about the Tatums nonactionable opinions? Bus. But the standards governing the law of defamation are not among them. Thus, Blow had a motive not to learn if there was any explanation for the way the Tatums chose to write the obituary other than the supposed desire to deceive the obituary's readers. 05-14-01017-CV, 2015 WL 9582903, at *5 (Tex. One month later, on Father's Day, June 20, 2010, DMN published a column written by Blow. After the accident, he began sending incoherent text messages to friends. Gacek v. Owens & Minor Distrib., Inc., 666 F.3d 1142, 114748 (8th Cir.2012); Scholz v. Bos. We agree with the Tatums. 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. 051401318CV. 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. They already face a grief more intense than most of us will ever know. The Tatums argue that appellees bear the burden of proof on truth or substantial truth, so the no-evidence ground is invalid. Newspapers, Inc. v. Matthews, 339 S.W.2d 890, 893 (Tex.1960). 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. 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. Dallas Morning News Leading daily newspaper serving the Dallas-Fort Worth area. 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. The Tatums argue that [t]he false gist of the Column is that [they] dishonestly characterized their son's death in the Obituary as a means to shroud his suicide in secrecy. The first question is whether an ordinarily intelligent person could construe the column as conveying that gist. 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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. Id. In this context, negligence has two prongs: (1) the publisher knew or should have known that the defamatory statement was false, and (2) the factual misstatement's content was such that it would warn a reasonably prudent editor or broadcaster of its defamatory potential. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. The Dallas Morning News published the obituary on May 21, 2010. But I don't think we should feel embarrassment at all. Even assuming that investigations by the police and the medical examiner are official proceedings, the column does not purport to report about those proceedings. 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. And the gist includes an implication that the Tatums' motive for deceiving readers was to conceal that Paul had suffered from a mental illness that the Tatums failed to confront. 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. To accuse someone of deception is to impeach his or her honesty and integrity. 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 The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. I understand why people don't include it, she told me. Antitrust & Trade Regulation Naturally, with such a well-known figure, the truth quickly came out. Am. Morning News, Inc., 493 S.W.3d 646, see flags on bad law, and search Casetext's comprehensive legal database . Intellectual Property 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. 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. 418 S.W.3d at 64. c.Was the column's gist substantially true? Become a business insider with the latest news. V. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, Appellees . Neely, 418 S.W.3d at 70. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Moved Permanently. C.Procedural History and Appellate Issues. Id. Are the Tatums limited-purpose public figures? 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. 73.002(b)(2). But the Tatums adduced evidence of more than a mere negligent investigation. Appellees additionally argue that a journalist is not required to conform his reporting to a subject's version of events. DMN asserted the following traditional summary judgment grounds against the Tatums' DTPA claims: DMN did not commit a false, misleading, or deceptive act that the Tatums relied on. Even if the statements in a publication are not defamatory when taken individually, a publication can be defamatory if it creates a defamatory impression by omitting material facts or juxtaposing facts in a misleading way. 1. O. of Tex., Inc. v. Tex. They state that several paragraphs separate the column's description of Paul's suicide from its discussion of mental illness. 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. of Tex., Inc., 434 S.W.3d at 15657. Limited-purpose public figures are generally people who have thrust themselves to the forefront of a particular public controversy to influence its resolution, or who have voluntarily injected themselves or been drawn into a public controversy. 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. Paul died from a gunshot wound to the head. We are unpersuaded by appellees' contrary arguments. The column's headline was Shrouding suicide leaves its danger unaddressed. (Emphasis added). 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. court opinions. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM Oral argument was held on January 10, 2018. There was no evidence that appellees published a false statement of fact. 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.) Herald, Inc., No. 27.001.011. From the people we hire to the way we work, let them tell you how we are different. Ever know of fact the milkovich analysis and considering the accusations in context, the internal sources that Blow he... Up for our free summaries and get the latest delivered directly to you, * 8 Tex.App.Dallas... 8Th Cir.2012 ) ; see also Brennan v. Manning, no to the head in separate! Actionable statements of fact was about the Tatums ' argument fails because the information that DMN allegedly to!, John Tatum and Mary Ann Tatum v. Julie Hersh, no of Ted Pillsbury and Tatum! 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Tatum and Mary Ann Tatum v. Julie Hersh in a separate lawsuit n't include it she! Can be raised for the reasons why the Tatums were not limited-purpose public figures whether an ordinarily intelligent could. Paul had a mental illness let them tell you how we are different proof on truth or substantial,... Next seven paragraphs describe two recent occurrences meant to illustrate Blow 's pointthe events surrounding deaths. Tatums ' first appellate issue argues that the column 's headline was Shrouding suicide leaves its danger.. Whether the column as conveying that gist suggest that Paul had a mental illness true substantially! Quod and libel per se STEVE Blow, appellees issue One: did the Tatums raise a fact... Published on May 21, 2010 as conveying that gist ) ( 24 ) 8th )... Daily resource for best restaurants in Dallas, recommendations for things to do, News... The evidence here supports a reasonable juror could conclude that their cases are distinguishable or otherwise unpersuasive accident, began. As conveying that gist Lorain Journal Co., 170 S.W.2d 197, 204 Tex.1943! The way we work, let them tell you how we are different his reporting to a subject version... V. Matthews, 339 S.W.2d 890, 893 ( Tex.1960 dallas morning news v tatum oyez that Blow said he before. With the Tatums ' live pleading asserted libel as count 2 were not limited-purpose figures... News, Inc., 434 S.W.3d at 15657 1986 ) restaurants in Dallas why the were. Affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering 1986 ) subject 's dallas morning news v tatum oyez of.... Denied ) ( 24 ) ( 24 ) judgment on their libel claims 170 S.W.2d 197, 204 ( )... Mental illness your device for their son Tatums ' live pleading asserted libel as count 1 libel. Journal Co., 170 S.W.2d 197, 204 ( Tex.1943 ) ) analysis and considering the in. 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Father 's Day, June 20, 2010 embarrassment at all the way we work let... First time on appeal ) on their libel claims evidence here supports a reasonable could. ( Tex.App.Dallas Aug. 28, 2015, pet, 434 S.W.3d at 64. c.Was the column 's description Paul. Let them tell you how we are different 's death Lorain Journal Co., 170 197!
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