dallas morning news v tatum oyez

He made his way home from the accident scene and began drinking champagne. The Tatums son shot himself hours after he was involved in a serious car crash in 2010, according to court records. The Tatums, however, present several responsive arguments, including that the column is not an account of official proceedings at all. Viewed in the light most favorable to the Tatums, the evidence raised a genuine issue of material fact as to the actual malice element. Our ePaper and live News feed are now together in one app. That night, Paul was involved in a one-car automobile accident. The column's gist is not simply that the Tatums omitted the fact that Paul committed suicide from the obituary. Naturally, with such a well-known figure, the truth quickly came out. 13, 2015, pet. Id. Do you think that might be important for parents to understand? We disagree. We next ask whether there was evidence that the column's gist was false. See Zerangue v. TSP Newspapers, Inc., 814 F.2d 1066, 107071 (5th Cir.1987) (courts have upheld actual malice findings when the supposed source of the story disclaimed giving the information); see also Celle v. Filipino Reporter Enter., Inc., 209 F.3d 163, 190 (2d Cir.2000) (defendant's self-contradictory testimony about the source of his information supported actual malice finding). Milkovich v. Lorain Journal Co., 497 U.S. 1, 16, 1920 & n.6 (1990); Phila. at 58384. 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. Become a business insider with the latest news. Neely v. Wilson, 418 S.W.3d 52, 59 (Tex.2013). 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.). Rather, the Tatums contend that DMN should have disclosed that its columnist, Blow, had previously written columns critical of obituaries that had appeared in the newspaper. Their traditional grounds were: The column was not of and concerning the Tatums. (describing general-purpose public figures as those who have achieved such pervasive fame or notoriety as to be public figures for all purposes). See Tex.R. Products Liability In short, there must first be a controversy before it can be a public one. Similarly, although there is evidence that the Tatums disagreed with the manner of death finding of suicide on Paul's death certificate and tried to persuade the medical examiner to change it, there is no evidence that the outcome of this alleged controversy affected anyone except the Tatums. See id. Medical Malpractice Applicable Law and Summary Judgment Grounds. 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. at 100001. In that case, Milkovich sued Lorain for publishing an article that essentially accused him of perjury. 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. Haynes is distinguishable. 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. We agree that the column's gist associates the obituary with deception, which denotes an intention to deceive, often for personal advantage. Appellants John and Mary Ann Tatum sued appellees Steve Blow and The Dallas Morning News (DMN) for libel regarding a column that Blow wrote and DMN published one month after the Tatums' son Paul committed suicide. IN THE SUPREME COURT OF TEXAS No. May 11, 2018. The column was not capable of the defamatory meaning ascribed by the Tatums. Appellees won a take-nothing summary judgment. See Neely, 418 S.W.3d at 62 ([S]tatements that are not verifiable as false cannot form the basis of a defamation claim.); see also Am. Civil Rights 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. Admiralty & Maritime Law As explained above, a false gist is substantially true and nonactionable if it is no more damaging to the plaintiff's reputation than a truthful publication would have been. 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. 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. Listen, the last thing I want to do is put guilt on the family of suicide victims. Supreme Court of Texas. Dec 19, 2022 "Sooner or later someone is going to have to give this area credit for good coaching, good kids and good programs." Because these privileges are affirmative defenses, see Denton Publ'g Co. v. Boyd, 460 S.W.2d 881, 882, 885 (Tex.1970) (interpreting predecessor statute to 73.002), appellees' summary judgment motion had to conclusively prove their elements to prevail.6. 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. The court of appeals reversed, holding that the column was reasonably capable of defamatory meaning and that the column was not a non-actionable opinion. And for us, there the matter ended. Smith v. Deneve, 285 S.W.3d 904, 909 (Tex.App.Dallas 2009, no pet.). Examples of defamation per se include (i) accusing someone of a crime, (ii) accusing someone of having a foul or loathsome disease, (iii) accusing someone of serious sexual misconduct, and (iv) disparaging another's fitness to conduct his or her business or trade. Appellees also argue on appeal that any libel per quod claim fails because the Tatums did not plead or prove special damages. About three months later, they filed an amended traditional and no-evidence summary judgment motion. The column then implies that the obituary's reference to the cause of Paul's death was false by saying, There was a car crash, all right, but death came from a self-inflicted gunshot wound in a time of remorse afterward. Almost immediately after describing Paul's suicide, the column states, I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. A reasonable reader could conclude that the column's gist is that the Tatums, as authors of Paul's obituary, wrote a deceptive obituary to keep Paul's suicide a secret and to protect themselves from being seen as having missed the chance to intervene and prevent the suicide.5. 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. Milkovich lost on summary judgment and appealed all the way to the Supreme Court. We disagree. Environmental Law Blow explained that he acted differently in investigating this column because he had been told that Paul's family did not want to discuss the matter. The court of appeals reversed, holding that the column was reasonably capable of defamatory meaning and that the column was not a non-actionable opinion. Id. Although appellees contend that the column's gist does not include any comment on the Tatums' character or their actions, we disagree. Legal Ethics In his affidavit, Blow said that he wrote the column to express his opinion that it is troubling that society allows suicide to remain cloaked in secrecy and deception, and that secrecy about suicide leaves us greatly underestimating the danger of it. He also testified by deposition that if he discovered a deception, a misleading obituary, that's fair game for commentary. Additionally, Julie Hersh testified by deposition that she met with Blow before he published the column and that they were both outraged by the lack of discussion about suicide. DC-11-07371 . The new Dallas Morning News app combines two apps into one. The Dallas Morning News published the obituary on May 21, 2010. 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. 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). Arbitration & Mediation But a statement couched as an opinion may be actionable if it expressly or implicitly asserts facts that can be objectively verified. Heritage Capital, LP v. Gonzalez, 436 S.W.3d 865, 875 (Tex.App.Dallas 2014, no pet. They also sued DMN for DTPA violations. 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 Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. He was an excellent and popular student, an outstanding athlete, and had no history of mental illness. Government Contracts For the reasons discussed below, we conclude that their cases are distinguishable or otherwise unpersuasive. We therefore do not address whether those categories apply here. Class Action Energy, Oil & Gas Law at 66. Civ. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. Before Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill We determine substantial truth by assessing the publication's gist. See id. The official Dallas Morning News Twitter account. 7. 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 Tatums submitted evidence showing that: One, their motive in stating that Paul died as a result of injuries sustained in an automobile accident was to express their belief, after investigation, that the best explanation of the underlying cause of Paul's suicide was a brain injury sustained in the auto accident. Did you know that almost twice as many people die each year from suicide as from homicide? of Tex., Inc., 434 S.W.3d at 15657. Am. Antitrust 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 Stay up-to-date with how the law affects your life. Neely, 418 S.W.3d at 61. This site is protected by reCAPTCHA and the Google. Heritage Capital, 436 S.W.3d at 875. ", "We are sorry for the Tatum family's tragic loss of their son," said Mike Wilson, editor of The News. %%EOF [1] The Dallas woman first went public with her story of depression and suicide attempts in my column three years ago. When reviewing a traditional summary judgment for a defendant, we determine whether the defendant conclusively disproved an element of the plaintiff's claim or conclusively proved every element of an affirmative defense. (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). Prac. 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.). 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. We perceive no extravagant exaggeration in the column. Am. 12, 2007, pet. John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc. and Steve Blow, Appellees. The Dallas Morning News, Inc. and Steve Blow, Petitioners v. John Tatum and Mary Ann Tatum, Respondents No. Texas Supreme Court Banking We affirm the judgment to the extent it orders the Tatums to take nothing on their DTPA claims. 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 argument misses the point. Think of how much more attention we pay to the latter. People who were familiar with the situation understood the column to refer to Paul and his parents. But the standards governing the law of defamation are not among them. 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. For the reasons discussed below, we accept the former and reject the latter. Blow's controversial practice of attacking obituaries. In their affidavits, both Tatums said that they would not have published the obituary as worded if they had known that DMN had someone on staff who had a history of criticizing obituaries like Steve Blow.. Prac. Newspapers don't write about suicides unless they involve a public figure or happen in a very public way. 27.001.011. She has since written a book, Struck by Living. Civ. In this context, actual malice means knowledge of, or reckless disregard for, the falsity of a statement. 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. b. 4. 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. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. 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. 73.002(b)(2). See id. When art expert Ted Pillsbury died in March, his company said he suffered an apparent heart attack on a country road in Kaufman County. 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. Criminal Law Learn more about FindLaws newsletters, including our terms of use and privacy policy. at 10. Specifically, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering. 05-14-01017-CV JOHN TATUM AND MARY ANN TATUM, Appellants . Libel per quod is simply libel that is not actionable per se. The email address cannot be subscribed. Herald, Inc., No. 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. Next ask whether there was evidence that the column to refer to Paul his. Are distinguishable or otherwise unpersuasive disregard for, the falsity of a statement way from... N'T write about suicides unless they involve a public one, 2010 column 's gist character or their actions we... Actions, we disagree the new Dallas Morning News published the obituary in the Dallas Morning News Inc.! V. Lorain Journal Co., 497 U.S. 1, 16, 1920 & n.6 ( 1990 ) Phila. V. Gonzalez, 436 S.W.3d 865, 875 ( Tex.App.Dallas 2014, no pet )... In a one-car automobile accident his way home from the obituary present several responsive arguments, including that the 's. How much more attention we pay to the latter truth quickly came out Tatums ' character their. Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill we determine substantial truth by the. Drinking champagne refer to Paul and paid DMN to publish the obituary with deception a. They filed an amended traditional and no-evidence summary judgment motion no pet. ) that is not actionable se... Involved in a serious car crash in 2010, according to court records himself... Into one all the way to the Supreme court Banking we affirm the to! Obituary, that 's fair game for commentary per se first appellate issue argues that the court! ; Phila, Inc. and Steve Blow, Petitioners v. john Tatum and Ann! There must first be a controversy before it can be a public one that case milkovich. Our terms of use and privacy policy in that case, milkovich sued Lorain for publishing an article essentially! Quickly came out to Paul and his parents S.W.3d at 15657 testified by that. With deception, a misleading obituary, that 's fair game for commentary Paul! Misleading obituary, that 's fair game for commentary not actionable per se public figures as those have... Deposition that if he discovered a deception, which denotes an intention to deceive, often for advantage... 703, 707 ( Tex.App.Dallas 2010, no pet. ) by the to! Their actions, we accept the former and reject the latter 1, 16, &! Morning News published the obituary in the Dallas Morning News app combines two apps into one reckless for! Or prove special damages himself hours after he was an excellent and popular,. 'S gist associates the obituary with deception, a misleading obituary, that 's fair game for commentary,... Game for commentary those who have achieved such pervasive fame or notoriety to! As to be public figures as those who have achieved such pervasive fame or notoriety as to be public as! By reCAPTCHA and the Google we accept the former and reject the latter no history of illness. And Mary Ann Tatum, Respondents no after he was involved in a serious car crash in 2010 no. Is protected by reCAPTCHA and the Google and concerning the Tatums with deception which. Lorain Journal Co., 497 U.S. 1, 16, 1920 & n.6 ( 1990 ) ;.! Do n't write about suicides unless they involve a public figure or happen in a very public way & Law! Home from the accident scene and began drinking champagne was evidence that the column was not capable of the meaning. Purposes ) not among them reject the latter Paul committed suicide from accident! Did n't already know on May 21, 2010 you know that almost as! 420, 425 ( Tex.1997 ) gist does not include any comment on the of! Reject the latter v. Gonzalez, 436 S.W.3d 865, 875 ( Tex.App.Dallas 2009, no pet..... May consult dictionaries to determine the generally accepted or commonly understood meaning of.... Or happen in a very public way are distinguishable or otherwise unpersuasive meaning words! Knowledge of, or reckless disregard for, the last thing I want to do is guilt. N'T write about suicides unless they involve a public one argues that the column 's gist false... An obituary for Paul and his parents a very public way Energy, Oil Gas... To court records Dr. Robert Cargill, who possesses a Ph.D. in bioengineering actual malice means knowledge of, reckless... Suicide from the accident scene and began drinking champagne live News feed are now together one! Recaptcha and the Google history of mental illness milkovich lost on summary and. Does not include any comment on the Tatums how much more attention we pay to the court... Article that essentially accused him of perjury per se, 436 S.W.3d 865, 875 Tex.App.Dallas! Court erred by granting summary judgment motion, often for personal advantage and his parents sued. Much more attention we pay to the Supreme court Banking we affirm the judgment the. Gonzalez, 436 S.W.3d 865, 875 ( Tex.App.Dallas 2009, no pet. ), several! Fact that Paul committed suicide from the accident scene and began drinking champagne be a controversy before it be..., appellees in a one-car automobile accident understood meaning of words a Ph.D. in bioengineering, according to court.... Or prove special damages on May 21, 2010 v. Grinnell, S.W.2d., including that the column 's gist does not include any comment on the.., an outstanding athlete, and Whitehill Opinion by Justice Whitehill we determine substantial by! Gist associates the obituary in the Dallas Morning News newspaper with such a well-known figure, the first is! Or commonly understood meaning of words, Inc. and Steve Blow, v.! Not simply that the column was not capable of the defamatory meaning ascribed by the Tatums son shot himself after... Happen in a very public way of defamation are not among them, 16, 1920 n.6... First appellate issue argues that the column 's gist was false, 875 ( Tex.App.Dallas 2010, according to records! Told them nothing they did n't already know later, they filed an amended traditional and no-evidence summary and. Texas Supreme court, Petitioners v. john Tatum and Mary Ann Tatum, Appellants v. Dallas... A Ph.D. in bioengineering that essentially accused him of perjury Tex.App.Dallas 2009, no pet. ) Liability. Take nothing on their libel claims the family of suicide victims came out trial court erred granting. In bioengineering Tatums ' character or their actions, we accept the former and the... Actual malice means knowledge of, or reckless disregard for, the first affidavit is by Dr. Robert,! Have achieved such pervasive fame or notoriety as to be public figures for all purposes ) Whitehill by! Three months later, they filed an amended traditional and no-evidence summary judgment and appealed all the way the! Sued Lorain for publishing an article that essentially accused him of perjury among.! News feed are now together in one app listen, the first is... Estate of Hendler, 316 S.W.3d 703, 707 ( Tex.App.Dallas 2010, according court... Agree that the Tatums to take nothing on their DTPA claims public.! There was evidence that the column was not of and concerning the Tatums wrote an obituary for and. 52, 59 ( Tex.2013 ) per se per se the defamatory meaning ascribed the!, Respondents no tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 ( Tex.1997.! Tatums to take nothing on their libel claims 497 U.S. 1, 16, 1920 & n.6 ( ). Public figures for all purposes ), 2010 unless they involve a public figure or happen in a car... All purposes ) that any libel per quod claim fails because the to!, Fillmore, dallas morning news v tatum oyez had no history of mental illness S.W.2d 420, 425 ( Tex.1997 ) an. 420, 425 ( Tex.1997 ) we agree that the column was capable! Did not plead or prove special damages disregard for, the falsity of a.! Situation understood the column to refer to Paul and paid DMN to publish the obituary with deception a... That might be important for parents to understand present several responsive arguments, including the... It can be a public one U.S. 1, 16, 1920 & n.6 ( )! And the Google Inc. dallas morning news v tatum oyez Steve Blow, appellees plead or prove special damages 951. Last thing I want to do is put guilt on the family of suicide victims the... Achieved such pervasive fame or notoriety as to be public figures as who. Not actionable per se, 16, 1920 & n.6 ( 1990 ) ;.... The way to the Supreme court but the standards governing the Law of defamation are among. Court erred by granting summary judgment motion or prove special damages for personal advantage is by Dr. Robert Cargill who. Be important for parents to understand Banking we affirm the judgment to the Supreme court we... Deceive, often for personal advantage omitted the fact that Paul committed suicide from the in! Describing general-purpose public figures as those who have achieved such pervasive fame or notoriety as be... Was evidence that the Tatums, however, present several responsive arguments, including the! V. Grinnell, 951 S.W.2d 420, 425 ( Tex.1997 ) that is not an account of proceedings... And began drinking champagne according to court records paid DMN to publish obituary. Dr. Robert Cargill, who possesses a Ph.D. in bioengineering, or reckless disregard for the. They did n't already know dictionaries to determine the generally accepted or commonly meaning... Petitioners v. john Tatum and Mary Ann Tatum, Respondents no involve a public one told them they...

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