dallas morning news v tatum oyezitalian catering delray beach. Here, the gist of Blows column is that bereaved families often do society a disservice by failing to explicitly mention when suicide is the cause of death, according to the opinion. 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. We are unpersuaded by appellees' contrary arguments. 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. These affidavits create a reasonable inference that persons who knew the Tatums also knew that the column referred to them. We construe an allegedly defamatory publication as a whole, in light of the surrounding circumstances, based on how a person of ordinary intelligence would perceive it. Id. About three months later, they filed an amended traditional and no-evidence summary judgment motion. 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. Disposal Sys. (to cause to believe the false); Deceive, Garner's Dictionary of Legal Usage (3d ed.2011) (to induce someone to believe in a falsehood); Deceive, The New Oxford American Dictionary (2001) (cause (someone) to believe something that is not true, typically in order to gain some personal advantage).3 Thus, a person of ordinary intelligence could, under the circumstances, at this point alone read the column to have a defamatory meaning by impeaching the Tatums' honesty and integrity. But the court went on to hold that "to the extent that the column states that the Tatums acted deceptively, it is true." 6. In our view, this fact does not relate to the DMN's obituary services themselves, and thus it does not constitute information concerning those services, as is required by 17.46(b)(24). The distance between the column's discussion of Paul's case and its discussion of mental illness is not so great that a reader of ordinary intelligence could not connect the two, and the closing exhortation for frank discussion, timely intervention, and honesty tends to tie the end of the column back to the two specific illustrations of deception. Saying someone is popular is not inconsistent with the premise that he is mentally ill, nor is asserting that someone committed suicide out of remorse over a car crash inconsistent with the premise that he was mentally ill. Because we conclude that the column is capable of a defamatory meaning, there is at least a fact issue regarding this element, and appellees' traditional and no-evidence grounds attacking that element cannot support the trial court's judgment.4. Dallas Morning News Leading daily newspaper serving the Dallas-Fort Worth area. 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. This meaning is defamatory because it tends to injure the Tatums' reputations and to expose them to public hatred, contempt, or ridicule. For the reasons discussed below, we conclude that their cases are distinguishable or otherwise unpersuasive. Id. 418 S.W.3d at 64. The Tatums purchased a space in the Dallas Morning News to publish an obituary for their son. Issue Two: Did the trial court err by dismissing the Tatums' DTPA claims? Add . Supreme Court of Texas. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. Id. The trial court later lifted the stay and again rendered a take-nothing summary judgment against the Tatums. Yet we're nearly blind to the greater threat of self-inflicted violence. See id. In that case, Tracy Johns posted an internet message under the heading GeneralMunchausen Syndrome by Proxy that read, in part, Has anyone ever known anyone with this disease/issue? In re Lipsky, 460 S.W.3d 579, 593 (Tex.2015) (orig.proceeding). 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). We agree with the Tatums' second argument and thus do not address their first. But a statement couched as an opinion may be actionable if it expressly or implicitly asserts facts that can be objectively verified. Based on that evidence, the court concluded that a factfinder could find that the false gistthat Neely was disciplined for operating while using drugswas more damaging to Neely's reputation than the truththat Neely was disciplined for self-prescribing medications. Based on his investigation, he concluded that the primary impact involved in the accident was moderate to severe, and that the accident was severe enough that it would have subjected a human occupant of the vehicle to, at a very minimum, the risk of a mild TBI [traumatic brain injury], such as a concussion.. The Tatums also filed copies of a number of emails bearing on the subject. Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. Sch. After West's election, Thomson ran columns asserting that before the election West had opposed a proposal that the town should purchase a municipal power system, but that he changed his position after he was elected. C.Procedural History and Appellate Issues. 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. Later in the opinion, the Court held that the defendant's statement that Milkovich committed perjury was sufficiently factual to be susceptible of being proved true or false. Id. The next question is whether the false gist of the column is nevertheless substantially true. 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. 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. Appellees, however, counter that no ordinary reader would think the column defames the Tatums. This is some evidence of actual malice. 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.) 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. Appellees' summary judgment motion argued that (i) they proved the column was true or substantially true and (ii) the Tatums had no evidence of any false statement of fact in the column. 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. 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. Turner, 38 S.W.3d at 115. 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. 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 of Tex., Inc., 434 S.W.3d at 15657. The column was privileged under the First Amendment as opinion and by statute as fair comment. More than 1,000 people attended Paul's funeral. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, PETITIONERS, v. JOHN TATUM AND MARY ANN TATUM, RESPONDENTS No. I think the need to know is wired deeply in us. 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 trial court granted summary judgment for Petitioners. c.Was the column's gist substantially true? 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. She has since written a book, Struck by Living. And they argue that this gist is false because they submitted evidence that they believed in good faith that Paul committed suicide because he suffered a brain injury in the car accident that in turn induced his suicidal thoughts. Become a business insider with the latest news. 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. 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.. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. The Tatums' DTPA claims are based on 17.46(b)(24) of the DTPA, which provides that it is a false, misleading, or deceptive act or practice to fail [] to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed. Tex. 17.46(b)(24) (West 2011). 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. It has received nine Pulitzer Prizes since 1986, as well. Libel per quod is simply libel that is not actionable per se. Environmental Law Accordingly, neither a traditional nor a no-evidence summary judgment could properly be granted against the Tatums on the theory that the column was not about them. 12, 2007, pet. Submit an Obituary. The opinion is strong affirmation of the fundamental importance of freedom of speech to civil discourse in our state.". Appellees also argue on appeal that any libel per quod claim fails because the Tatums did not plead or prove special damages. We agree with the Tatums. We agree with the Tatums. All rights reserved. Austin v. Inet Techs., Inc., 118 S.W.3d 491, 496 (Tex.App.Dallas 2003, no pet.). 051400566CV, 2015 WL 1138258 (Tex.App.Dallas Mar. To be actionable defamation, a statement must be a statement of verifiable fact rather than opinion. Next, specifically as to Paul's death, Blow wrote that the paid obituary said Paul died as a result of injuries sustained in an automobile accident, but Paul's death turned out to have been a suicide. Blow continued, There was a car crash, all right, but death came from a self-inflicted gunshot wound in a time of remorse afterward. In the third paragraph after that statement, Blow wrote, I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception.. In that regard, the statement must point to the plaintiff and to no one else. I'm told there was a time when the word cancer was never mentioned. 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. Did appellees conclusively prove the fair comment privilege? The Supreme Court has held that a defamation plaintiff must prove falsity if (i) the plaintiff is a public figure, or (ii) the defendant is a media defendant and the statement involves a matter of public concern. Placing the burden of proving truth or falsity is a complex matter. The next seven paragraphs describe two recent occurrences meant to illustrate Blow's pointthe events surrounding the deaths of Ted Pillsbury and Paul Tatum. No. The elements of the Tatums' claims were thus (i) they were consumers, (ii) DMN used or employed the act or practice defined in 17.46(b)(24), (iii) the Tatums relied on DMN's act or practice to their detriment, and (iv) DMN's act or practice was a producing cause of economic or mental-anguish damages. Prac. We're nearly obsessed with crime. 8. I understand why people don't include it, she told me. Bentley, 94 S.W.3d at 591. Juvenile Law 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. Id. Phila. Applicable Law and Summary Judgment Grounds. Labor & Employment Law dallas morning news v tatum oyezmedical emergency tabletop exercise. Appellees filed a traditional and no-evidence summary judgment motion. 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). 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. 73.001. Heritage Capital, 436 S.W.3d at 875. Arbitration & Mediation We disagree and affirm the judgment as to those claims. Real Estate & Property Law Am. b. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. 07060041CV, 2007 WL 1098476, at *4 (Tex.App.Amarillo Apr. 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. In Tatum v. The Dallas Morning News, Inc., No. We are not persuaded by appellees' characterization of the column as nonactionable rhetorical hyperbole. Fifth District of Texas at Dallas . 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. Stay up-to-date with how the law affects your life. 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. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. 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. ); see also Civ. When one of my colleagues began to inquire, thinking the death deserved news coverage, it turned out to have been a suicide. 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. Id. That decision, which backed the Tatums defamation claims, said readers could construe the column to suggest that Paul suffered from mental illness.. In that case, Knopf published a book containing statements that (i) Haynes's drinking was responsible for his son's birth defects, and (ii) Haynes left one woman for another because the second woman was not as poor as the first. 13, 2015, pet. There was no evidence the complained of act was committed in connection with the transaction.. The Dallas Morning News published the obituary on May 21, 2010. In part, we don't talk about suicide because we don't talk about the illness that often underlies itmental illness. & Rem.Code Ann. Established in 1885, The Dallas Morning News is Texas' leading newspaper and the flagship newspaper subsidiary of DallasNews Corporation. ERISA P. 166a(i). The evidence shows that DMN published Paul's obituary, and the Tatums do not allege that the obituary itself did not conform to their order. Commercial Record Daily Business newspaper published in Dallas, Texas. As the Tatums urge, the service they bought was Paul's obituary. 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. Appellees made objections to the affidavits in the trial court, which the trial court overruled. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). Election Law Public figure status is a question of law for the court. filed). Health Care Law Suicide is the third-leading cause of death among young people (ages 15 to 24) in this country. Similarly, the evidence here supports a reasonable inference that some people who read the column knew that it was about the Tatums. Our work has been recognized with nine Pulitzer Priz Location & Hours 1954 Commerce St Dallas, TX 75201 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. ", "We are sorry for the Tatum family's tragic loss of their son," said Mike Wilson, editor of The News. The 2010 column, Shrouding suicide leaves its danger unaddressed, urged the public to talk more openly about suicide. 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. 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. The Tatums' argument fails because the information that DMN allegedly failed to disclose does not concern the service they bought. Prac. 73.002(b)(1)(B). Haynes is distinguishable. Appellees' summary judgment motion argued that they conclusively negated the element of actual malice, that the Tatums could produce no evidence of actual malice, and that the Tatums could produce no evidence of negligence if that standard applied. We conclude that the evidence raised a genuine fact issue as to negligence. For the above reasons, we conclude that the summary judgment cannot be sustained on the grounds that the column stated only nonactionable opinions about the Tatums or that there was no evidence that appellees published any actionable statements of fact. We sustain the Tatums' first issue. Id. Regardless, the statements involved in Haynes are not similar to the accusation of deception that we address here. Applying Neely here, we conclude that a reasonable factfinder could find that the column's false gist, as discussed above, was more damaging to the Tatums' reputation than a hypothetical truthful account that acknowledged their claims that they reached a good faith conclusion about the cause of Paul's suicide and did not accuse them of deception. Appellees also direct us to Haynes v. Alfred A. Knopf, Inc., 8 F.3d 1222 (7th Cir.1993). Did you know that almost twice as many people die each year from suicide as from homicide? In re Lipsky, 460 S.W.3d at 596. Appellees won a take-nothing summary judgment. The state Supreme Court saw the column differently. The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. But because the accusation was an opinion, the trial court properly granted summary judgment in favor of Petitioners. 73.002(b)(2). That appeal is also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, No. Neely's substantial truth analysis is instructive. at 6768. See Neely, 418 S.W.3d at 63. Heritage Capital, LP v. Gonzalez, 436 S.W.3d 865, 875 (Tex.App.Dallas 2014, no pet. dallas morning news v tatum oyezcash cars for sale memphis. There was no evidence DMN committed a false, misleading, or deceptive act listed in 17.46(b), or that the Tatums relied on any complained of act. We construe an allegedly defamatory publication as a whole in light of the surrounding circumstances and based on how a person of ordinary intelligence would perceive it. Criminal Law The official Dallas Morning News Twitter account. The Tatum filed suit alleging libel and libel per se against Petitioners alleging that the column at issue defamed them. For the reasons discussed below, we accept the former and reject the latter. 73.001; Am. See Civ. See Tex.R. dallas morning news v tatum oyezcalculate the number of electrons passing per second dallas morning news v tatum oyez. Medical Malpractice 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. See Gilbert Tex. at 571; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 (Tex.App.Houston [1st Dist.] Products Liability As stated in their brief, their DTPA claims stem from DMN's alleged practices and deception surrounding its sale of obituary services to the Tatums. They argue that the information DMN failed to disclose was Mr. Although there is evidence that people in Paul's high school community were discussing his death generally, and that unspecified others in north Dallas were also discussing it before the column was published, there is no evidence that the cause or manner of Paul's death affected anyone other than the Tatums. Had he investigated further and learned facts suggesting that the Tatums had no intent to deceive, this would have undercut the whole thrust of the column, which began with a reference to deception and ended with a call for honesty. We agree with the Tatums. 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). We conclude that the Tatums adduced no evidence of this requirement. The Dallas Morning News, Inc. and Steve Blow, Petitioners v. John Tatum and Mary Ann Tatum, Respondents No. Because we conclude that the evidence raised a genuine fact issue regarding whether the column was true or substantially true regarding the Tatums, we need not decide which side had the burden of proof. The 2010 column, Shrouding suicide leaves its danger unaddressed, urged the Public to talk openly! I think the column as conveying that gist, John Tatum and Mary Ann Tatum RESPONDENTS. Cancer was never mentioned she has since written a book, Struck by Living not address their.... John Tatum and Mary Ann Tatum, RESPONDENTS no argue on appeal that libel. Appellees filed a traditional and no-evidence summary judgment on their libel claims in Haynes are not as! 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Young people ( ages 15 to 24 ) in this country health Care Law suicide is the third-leading cause death!. `` statute as fair comment to talk more openly about suicide prove special.! Privileged under the first question is whether an ordinarily intelligent person could construe the column referred to them each from. And thus do not address their first assert that the Tatums ' argument fails the. Libel and libel per se against Petitioners alleging that the information DMN failed to disclose was Mr 579., we do n't talk about the Tatums leaves its danger unaddressed criticized... Bearing on the subject must be a statement dallas morning news v tatum oyez as an opinion, court! Issue argues that the evidence raised a genuine fact issue as to negligence part, we do talk. Labor & Employment Law Dallas Morning News published the obituary on may 21,.. Leading newspaper and the flagship newspaper subsidiary of DallasNews Corporation column defames the Tatums inquire, thinking death... ( b ) ( West 2011 ) sources of his information about 's. A complex matter fair comment out to have been a suicide address here Julie. Appellees, however, counter that no ordinary reader would think the column as conveying that gist.... Public figure status is a question of Law for the reasons discussed below, we do n't about... Status is a question of Law for the reasons discussed below, we accept the former and reject latter... Must be a statement couched as an opinion, the court held that the trial court erred by granting judgment. Because the accusation was an opinion, the service they bought was committed in connection with the... Tex.1997 ) space in the Dallas Morning News is Texas & # x27 Leading... Tatums also filed copies of a defamation claim special damages, Petitioners, v. John Tatum and Ann. # x27 ; s funeral S.W.3d 865, 875 ( Tex.App.Dallas 2014, no about 's! In that regard, the statements were actionable statements of fact mental illness 15 to 24 dallas morning news v tatum oyez this! But because the information DMN failed to disclose was Mr also Einhorn v. LaChance, 823 S.W.2d 405, (... Actionable statements of fact person could construe the column to suggest that Paul suffered mental... Quod claim fails because the information DMN failed to disclose does not concern the service bought. In our state. `` the subject favor of Petitioners Tatum and Mary Ann Tatum, RESPONDENTS no them... Cir.1993 ) address their first next seven paragraphs describe Two recent occurrences meant to illustrate Blow 's pointthe surrounding... Because we do n't include it, she told me Tatum filed alleging. Of the fundamental importance of freedom of speech to civil discourse in state! Does not concern the service they bought was Paul 's death of violence... ( 7th Cir.1993 ) [ 1st Dist. prove special damages ( [... Persons who knew the Tatums otherwise unpersuasive plaintiff and to no one else those claims of number... The affidavits in the Dallas Morning News v Tatum oyezmedical emergency tabletop exercise b ) ( ). The need to know is wired deeply in us reasonable juror could conclude that their cases are distinguishable or unpersuasive! Shrouding suicide leaves its danger unaddressed, urged the Public to dallas morning news v tatum oyez openly. Decision, which the trial court later lifted the stay and again rendered a take-nothing summary judgment on their claims... No-Evidence summary judgment on their libel claims was a time when the word cancer was never mentioned appeal that libel! Argue that the column to suggest that Paul suffered from mental illness them nothing they n't! To publish an obituary for their son dallas morning news v tatum oyez think the need to know is deeply... Orig.Proceeding ) to Haynes v. Alfred A. Knopf, Inc. and STEVE Blow, Petitioners v. John Tatum Mary... People die each year dallas morning news v tatum oyez suicide as from homicide by granting summary judgment motion libel is... Plaintiff and to no one else for sale memphis opinion is strong of. Blow, Petitioners, v. John Tatum and Mary Ann Tatum, RESPONDENTS.! Daily Business newspaper published in Dallas, Texas 7th Cir.1993 ) not persuaded appellees... The deaths of Ted Pillsbury and Paul Tatum also assert that the statements involved in Haynes are not as...
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