& Rem.Code Ann. The case of Laird v. Tatum raised questions about the use of surveillance by the military and how it might affect the First. 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. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. 186 0 obj
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17.50(a)(1)(A)(B). 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. Injury Law 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. at 894. 7. Free Newsletters DMN counterclaimed for its attorneys' fees under the DTPA. at 1019. The Tatums' friend Lee Simpson testified by affidavit that he was contacted by Tomaso about Paul's death and that Tomaso did not ask him whether the Tatum family wanted to be contacted. 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. Justice Brown delivered the unanimous . But, here he did not attempt to contact the Tatums before publishing the column at issue in this case. Their traditional grounds were: The column was not of and concerning the Tatums. Am. 3 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." 4 Posted By : / seattle kraken hoodie mens /; Under :reflexive pronouns grade 2reflexive pronouns grade 2 73.002(b)(2). Subscribe to Justia's 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. Although the column did not mention the Tatums by name, it quoted from Paul's obituary and it described him and events surrounding his death. This meaning is defamatory because it tends to injure the Tatums' reputations and to expose them to public hatred, contempt, or ridicule. Although the West court acknowledged and purported to apply the Milkovich analysis, it disregarded Milkovich's conclusions that accusing a person of being a liar or committing perjury can be sufficiently verifiable to constitute an actionable statement of fact rather than a nonactionable opinion. Id. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. Did the Tatums raise a genuine fact issue regarding whether the column was neither true nor substantially true? Admiralty & Maritime Law Id. The evidence also showed that their friends, recognizing that the column was about the Tatums, contacted them and told them about the column. b. Environmental Law We sustain the Tatums' first issue. The Tatums argue that there was, focusing specifically on the intent that the word deception implies. See Gilbert Tex. 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. 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. Heritage Capital, 436 S.W.3d at 875; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.). The Dallas Morning News Homepage. But averting our eyes from the reality of suicide only puts more lives at risk. 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. Id. But a statement couched as an opinion may be actionable if it expressly or implicitly asserts facts that can be objectively verified. Honesty is the first step. By juxtaposing Paul's story with this discussion, the column invites the reader to associate Paul's suicide with mental illness and the Tatums with those who do not engage in life saving frank discussion and timely intervention. The closing line, Honesty is the first step, also invites the reader to contrast honesty with a dishonest obituary published about Paul's death. Oddly, it was considered an embarrassing way to die. The trial court granted Defendant's motion to dismiss Plaintiffs' action under the Texas Citizens Participation Act. We also conclude that the evidence raises a genuine fact issue as to actual malice. 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. 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. These matters create a genuine fact issue regarding whether the column's contents would have warned a reasonably prudent publisher of its defamatory potential. Arbitration & Mediation at 6364. ERISA 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. 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. Insurance Law Contact us. 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. at 62; McIlvain v. Jacobs, 794 S.W.2d 14, 15 (Tex.1990). IN THE SUPREME COURT OF TEXAS No. Bentley, 94 S.W.3d at 591 (footnotes omitted). On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. We review a summary judgment de novo. 73.001; Am. "Walking along side you" | 24 Hour Line: 086 111 1380 | Essential Service provider, available to families during COVID 19 LOCK DOWN When art expert Ted Pillsbury died in March, his company said he suffered an apparent heart attack on a country road in Kaufman County. 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. 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. Defamation has two forms: slander and libel. hbbd``b`@q?`]$^@' BD A:X %@b5$t.#'PFF 6
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. (A publication is of and concerning the plaintiff if persons who knew and were acquainted with him understood from viewing the publication that the defamatory matter referred to him.). Some obituary readers tell me they feel guilty for having such curiosity about how people died. The summary judgment evidence includes an excerpt from Blow's deposition in which he testified about another time when he wrote a column about two obituaries that had been published about the same decedent. We are not necessarily convinced that Knopf's first statement about Haynes was an unverifiable opinion. (3)the alleged defamation must be germane to the plaintiff's participation in the controversy. Without naming the Tatums, Blow quoted from the obituary, which said the teen died from injuries sustained in a car accident, and wrote that suicide remains cloaked in such secrecy, if not outright deception., The court's opinion said that in accusing the Tatums of deception, the column was reasonably capable of being defamatory. (describing general-purpose public figures as those who have achieved such pervasive fame or notoriety as to be public figures for all purposes). 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. Public figure status is a question of law for the court. People who were familiar with the situation understood the column to refer to Paul and his parents. Personal Injury a. 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. 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. Entertainment & Sports Law We disagree and affirm the judgment as to those claims. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. 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. In the interest of judicial economy, we consider all grounds presented to the trial court and preserved on appeal. 2. Cf. Steve Blow is a columnist for The Dallas Morning News. We review the evidence in the light most favorable to the nonmovant, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. Applicable Law and Summary Judgment Grounds. The Dallas Morning News published the obituary on May 21, 2010. Naturally, with such a well-known figure, the truth quickly came out. The plaintiff must also prove damages unless the defamatory statements are defamatory per se. Did the Tatums raise a genuine fact issue regarding whether the column was about them? 8. We remand the case for further proceedings consistent with this opinion. Neely, however, submitted evidence that he had not actually operated on patients while taking or using dangerous drugs or controlled substances. The next seven paragraphs describe two recent occurrences meant to illustrate Blow's pointthe events surrounding the deaths of Ted Pillsbury and Paul Tatum. 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. SUCV201001010, 2013 WL 4081413, at *912 (Mass.Super.Ct. We agree with the Tatums on all three points. Listen, the last thing I want to do is put guilt on the family of suicide victims. There was also evidence that Blow did not adhere to his usual practice of investigation when he wrote the column. The column's headline and opening sentence announce that deception and secrecy are the column's topics. Specifically, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering. 1. See Hancock v. Variyam, 400 S.W.3d 59, 64 (Tex.2013) (Defamation per quod is defamation that is not actionable per se.). I think the need to know is wired deeply in us. In their second appellate issue, the Tatums contend that the trial court erred by granting summary judgment on their DTPA claims against DMN. 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. We agree with the Tatums' second argument and thus do not address their first. Benjamin has a Bachelors in philosophy and a Master's in humanities. On that occasion, he said, he attempted to contact the author of one of the obituaries. 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). Established in 1885, The Dallas Morning News is Texas' leading newspaper and the flagship newspaper subsidiary of DallasNews Corporation. On appeal, the Tatums argue that they (i) are required to prove only negligence because they are not public figures and (ii) produced sufficient evidence of both actual malice and negligence. Is there evidence that the column's gist was false? Landlord - Tenant Nonetheless, the Tatums filed affidavits by two experts. Morning News, Inc., 493 S.W.3d 646, see flags on bad law, and search Casetext's comprehensive legal database . Yet we're nearly blind to the greater threat of self-inflicted violence. 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 2010 column, Shrouding suicide leaves its danger unaddressed, urged the public to talk more openly about suicide. In this context, actual malice means knowledge of, or reckless disregard for, the falsity of a statement. Appellees, however, counter that no ordinary reader would think the column defames the Tatums. Because we see no matching argument in appellees' amended motion for summary judgment, that argument is not properly before us. This argument misses the point. The trial court granted appellees' amended summary judgment motion, and the Tatums timely filed a notice of appeal. 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. We acknowledge that evidence of a negligent investigation, standing alone, does not raise a fact issue on actual malice: [T]he failure to investigate the facts before speaking as a reasonably prudent person would do is not, standing alone, evidence of a reckless disregard for the truth, but evidence that a failure to investigate was contrary to a speaker's usual practice and motivated by a desire to avoid the truth may demonstrate the reckless disregard required for actual malice. Tax Law The court then vacated its judgment and stayed the case pending the resolution of a defamation case then pending in the Texas Supreme Court. Turner v. KTRK Television, Inc., 38 S.W.3d 103, 119 (Tex.2000). of Tex., Inc. v. Tex. Newspapers, Inc. v. Matthews, 339 S.W.2d 890, 893 (Tex.1960). THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM Oral argument was held on January 10, 2018. What is the column's gist regarding the Tatums? 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. The trial court granted summary judgment for Petitioners. Milkovich lost on summary judgment and appealed all the way to the Supreme Court. (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.). Star-Telegram (Fort Worth) The Newspaper distributed in Dallas/Fort Worth metroplex counties of Collin, Dallas, Delta, Denton, Ellis, Hunt, Johnson, Kaufman, Parker, Rockwall, Tarrant, and Wise. We assume without deciding that the defamatory publication in this case generally involved a matter of public concern (preventing suicides), and the Tatums do not dispute that appellees are media defendants. Appellees also argue that the column cannot reasonably be read to suggest that Paul had a mental illness. 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. 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. 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. One expert explained the severity of Paul's auto accident, and the other opined that Paul committed suicide because of a brain injury sustained in that accident. Additionally, the summary judgment evidence established that the Tatums were out of town the day the column was published. There was no evidence the complained of act was a producing cause of the Tatums' damages. Prac. Family Law 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. at 66. Through honesty, she's trying to erase some of the shame and stigma that compounds and prolongs mental illness. Appellees also argue that there is no evidence to support the Tatums' theory that a brain injury made Paul suicidal. In short, there must first be a controversy before it can be a public one. We're nearly obsessed with crime. Our supreme court, however, has embraced the Milkovich verifiability test. See D Magazine Partners, L.P. v. Rosenthal, No. The Tatums assert two appellate issues: (1) The trial court erred by granting summary judgment on their libel claims; and (2) the trial court erred by granting summary judgment on their DTPA claims. Civ. Bentley, 94 S.W.3d at 591. Appellees filed a traditional and no-evidence summary judgment motion. The column's headline was Shrouding suicide leaves its danger unaddressed. (Emphasis added). There was no evidence of actual malice. [1] The Dallas woman first went public with her story of depression and suicide attempts in my column three years ago. More than 1,000 people attended Paul's funeral. Julie recently wrote a blog item titled Don't omit from the obit, urging more openness about suicide as a cause of death. at 58384. We reject the Tatums' second appellate issue. Constr., L.P. v. Underwriters at Lloyd's London, 327 S.W.3d 118, 127 (Tex.2010) (citing dictionaries as aids to interpreting an insurance policy). See Waste Mgmt. Appellees' contrary argument fails on the first prong we referenced abovethe existence of a public controversy for the Tatums to participate in. 73.002(b)(1)(B). Founded in 1885, The Dallas Morning is North Texas' largest news team. In Lipsky, for example, the supreme court said, Defamation's elements include (1) the publication of a false statement of fact to a third party 460 S.W.3d at 593 (emphasis added). Heritage Capital, 436 S.W.3d at 875. We next consider appellees' summary judgment ground that the column contains only nonactionable opinions. dallas morning news v tatum oyezsims 4 university homework cheat. News: 1 day ago Tatum recorded 14 points (6-18 FG, 1-9 3Pt, 1-1 FT), nine assists, seven rebounds and one steal in 37 minutes before he was ejected from Monday's 109-94 loss to the Knicks. Copyright at 187. at 1001 & n.1. 73.001. Labor & Employment Law Id. The column purported to support this gist with the factual assertion that Paul committed suicide out of remorse, implicitly calling the obituary's statement that Paul died as a result of injuries sustained in an automobile accident a lie. In part, we don't talk about suicide because we don't talk about the illness that often underlies itmental illness. 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. 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.. Anderton v. Cawley, 378 S.W.3d 38, 46 (Tex.App.Dallas 2012, no pet.). Here, because we have concluded that the evidence in this case raises a genuine fact issue as to whether the column is substantially true, the summary judgment cannot be upheld based on the fair comment privilege. The new Dallas Morning News app combines two apps into one. See Neely, 418 S.W.3d at 61. 4. The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? Dec 19, 2022 "Sooner or later someone is going to have to give this area credit for good coaching, good kids and good programs." See DuncanHubert v. Mitchell, 310 S.W.3d 92, 103 (Tex.App.Dallas 2010, pet. Appellees further argue that the column does not omit or juxtapose facts in such a way as to make its gist false. We're open these days with just about every form of death except onesuicide. The Dallas Morning News is an independent paper positioned for growth. Appellees additionally argue that a journalist is not required to conform his reporting to a subject's version of events. The Dallas Morning News published the obituary on May 21, 2010. See Neely, 418 S.W.3d at 61. You already receive all suggested Justia Opinion Summary Newsletters. 05-14-01017-CV JOHN TATUM AND MARY ANN TATUM, Appellants . And the secrecy surrounding suicide leaves us greatly underestimating the danger there. Did the Tatums raise a genuine fact issue that DMN violated 17.46(b)(24)? Court. 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. 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 Prac. Slander is an oral defamation. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. "With its unanimous ruling, the court affirmed that Steve Blow's piece was clearly an opinion column protected by law.". 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. They also argue that the column contains only nonactionable rhetorical hyperbole in the course of advocating societal change. She has since written a book, Struck by Living. Stay up-to-date with how the law affects your life. We therefore do not address whether those categories apply here. The Tatums sued both appellees for libel and libel per se. Communications Law But in late 2015, the 5th District Court of Appeals ruled that the lawsuit could go forward. 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