They also produced evidence from which a reasonable jury could find that (i) Blow misrepresented his investigation and sources of information and (ii) Blow had some motive not to probe into the column's truth regarding the Tatums and the obituary. (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). DC-11-07371 . Fifth District of Texas at Dallas . I think it's part of our survival mechanism. Libel per quod is simply libel that is not actionable per se. We agree with the Tatums on all three points. See Civ. 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. Thus, they must prove only negligence to recover compensatory damages. That decision, which backed the Tatums defamation claims, said readers could construe the column to suggest that Paul suffered from mental illness.. Disposal Sys. 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. We next consider appellees' summary judgment ground that the column contains only nonactionable opinions. 27.001.011. We are unpersuaded by appellees' contrary arguments. Plaintiffs sued Defendant for intentional infliction of emotional distress (IIED), claiming that Defendant exploited the tragedy of their son's death by encouraging the criticism of their son's obituary. Health Care Law Prac. Obituaries Section. Because we see no matching argument in appellees' amended motion for summary judgment, that argument is not properly before us. at 10. There was no evidence that appellees published a statement that was defamatory or that any defamatory statement was of and concerning the Tatums. 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. 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. He was an excellent and popular student, an outstanding athlete, and had no history of mental illness. But I don't think we should feel embarrassment at all. 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. Products Liability Prac. Corporate Compliance 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.. We agree that the column's gist associates the obituary with deception, which denotes an intention to deceive, often for personal advantage. endstream endobj 187 0 obj <> endobj 188 0 obj <> endobj 189 0 obj <>stream Read Tatum v. Dall. Constitutional Law Founded in 1885, The Dallas Morning is North Texas' largest news team. Laird v. Tatum | Oyez Laird v. Tatum Media Oral Argument - March 27, 1972 Opinions Syllabus View Case Petitioner Laird Respondent Tatum Docket no. From the people we hire to the way we work, let them tell you how we are different. 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. Steve Blow is a columnist for The Dallas Morning News. Id. This site is protected by reCAPTCHA and the Google. 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. Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? The medical examiner ruled the teens death a suicide. at 1020. In adopting the verifiable as false test in Bentley and Neely, the Texas Supreme Court relied on the United States Supreme Court's decision in Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990). Id. See Neely, 418 S.W.3d at 63. 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. To the extent West is similar to the instant case, we disagree with it. Health Law Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! Labor & Employment Law Did the Tatums raise a genuine fact issue regarding whether the column was about them? Supreme Court of Texas. See id. The court also dismissed DMN's counterclaim with prejudice. 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. Established in 1885, The Dallas Morning News is Texas' leading newspaper and the flagship newspaper subsidiary of DallasNews Corporation. Agriculture Law To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. It then denied rehearing on September 28, 2018 File Closed Opinions Issued Case Events Parties and Counsel Opinions May 11, 2018 All rights reserved. featuring summaries of federal and state Id. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). Rather, we conclude only that it is capable of having that meaning. We are not persuaded by appellees' characterization of the column as nonactionable rhetorical hyperbole. Cf. 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. Finally, the Tatums point to their minister's testimony that he called Blow to express his concerns about the column and that Blow's first response was, Did I get my facts right?. Rhetorical hyperbole is extravagant exaggeration employed for rhetorical effect. at 58384. Even assuming that investigations by the police and the medical examiner are official proceedings, the column does not purport to report about those proceedings. (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. If you have STRONG suspicions to whom do you turn them over? Id. dallas morning news v tatum oyezcash cars for sale memphis. Our work has been recognized with nine Pulitzer Priz Location & Hours 1954 Commerce St Dallas, TX 75201 We conclude that there was more than a scintilla of evidence showing more than a mere failure to conduct a reasonable investigation. at 6667. 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. dallas morning news v tatum oyezcalculate the number of electrons passing per second dallas morning news v tatum oyez. 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. (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 170 S.W.2d 197, 204 (Tex.1943)). Turner, 38 S.W.3d at 114. 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Thus, if the column's false gistthat the Tatums wrote Paul's obituary with the intent to deceiveis more damaging to the Tatums' reputations than a true statement would have been, then the gist is not substantially true. Id. 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. View "Dallas Morning News, Inc. v. Tatum" on Justia Law. To the extent a negligence standard applies, there was no evidence of negligence. These affidavits create a reasonable inference that persons who knew the Tatums also knew that the column referred to them. Id. Turner, 38 S.W.3d at 114. We also conclude that the evidence raises a genuine fact issue as to actual malice. But the court went on to hold that "to the extent that the column states that the Tatums acted deceptively, it is true." Whether a publication is capable of a defamatory meaning is initially a question for the court. We held that these affidavits provided clear and specific evidence that the post was about Misko, even though Misko was not named in it. 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. ", "We are sorry for the Tatum family's tragic loss of their son," said Mike Wilson, editor of The News. dallas morning news v tatum oyezitalian catering delray beach. at 21. ); see also Civ. [1] The Dallas woman first went public with her story of depression and suicide attempts in my column three years ago. The state Supreme Court saw the column differently. Paul died from a gunshot wound to the head. 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. 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. He made his way home from the accident scene and began drinking champagne. Education Law 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. But averting our eyes from the reality of suicide only puts more lives at risk. 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. Is there evidence that the column's gist was false? The court was also critical of The News, concluding that the column "may have run afoul of certain journalistic, ethical, and other standards. 0 Zoning, Planning & Land Use. Id. The Dallas Morning News, Inc. and Steve Blow, Petitioners v. John Tatum and Mary Ann Tatum, Respondents No. 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. 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. We conclude otherwise. Are the Tatums limited-purpose public figures? See Neely, 418 S.W.3d at 62; Bentley, 94 S.W.3d at 57985. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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.. 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. Copyright 2023, Thomson Reuters. In May 2010, Paul was a seventeen-year-old high school student. Rather, this case turns on the verifiability of the column's accusation of deception against the Tatums. Appellees made objections to the affidavits in the trial court, which the trial court overruled. 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. 94 S.W.3d at 583. I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. Juvenile Law Public figure status is a question of law for the court. See id. The trial court granted summary judgment for Petitioners. 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." 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. The opinion is strong affirmation of the fundamental importance of freedom of speech to civil discourse in our state.". Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. 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). The Dallas Express a newspaper printed by and for the city's African American community ALSO essential sadly, only the years 1919-1924 have been scanned, here The Jewish Monitor published in Fort Worth, serving the DFW (and Texas) Jewish community, 1919-1921, here The Texas Jewish Post, 1950-2011, here I understand why people don't include it, she told me. The Tatums son shot himself hours after he was involved in a serious car crash in 2010, according to court records. The gist also implies that the explanation the Tatums gave for the cause of Paul's death was false and that Paul committed suicide because of remorse rather than because of injuries suffered in the auto accident. We therefore do not address whether those categories apply here. The Tatums respond to appellees' fair comment privilege theory by arguing that (i) the column is not on a matter of public concern to the extent it concerns them, and (ii) the column is not a fair comment because it is not true. Mar. Austin v. Inet Techs., Inc., 118 S.W.3d 491, 496 (Tex.App.Dallas 2003, no pet.). Appellees, however, do not contend that the Tatums are public officials or general-purpose public figures. D Magazine Partners, 2015 WL 5156908, at *7. a. 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. WFAATV, Inc.,978 S.W.2d at 572. See id. at 571; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 (Tex.App.Houston [1st Dist.] The trial court granted Defendant's motion to dismiss Plaintiffs' action under the Texas Citizens Participation Act. Their traditional grounds were: The column was not of and concerning the Tatums. (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.). hbbd``b`@q?`]$^@' BD A:X %@b5$t.#'PFF 6 of Tex., Inc., 434 S.W.3d at 15657. Sympathy Ideas. Court. Bankruptcy When one of my colleagues began to inquire, thinking the death deserved news coverage, it turned out to have been a suicide. Id. We disagree. 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. 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. Free Newsletters The Tatums argue that there was, focusing specifically on the intent that the word deception implies. There was a car crash, all right, but death came from a self-inflicted gunshot wound [page break] in a time of remorse afterward. The plaintiff must also prove damages unless the defamatory statements are defamatory per se. 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. Antitrust & Trade Regulation at 1019. Legal Ethics The Tatums sued both appellees for libel and libel per se. Neely, 418 S.W.3d at 70. The column's gist is not simply that the Tatums omitted the fact that Paul committed suicide from the obituary. 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. See Civ. Posted By : / chsaa basketball rule book /; Under :international cultureinternational culture We agree with the Tatums. 7. Id. See Neely, 418 S.W.3d at 64 (We determine a broadcast's gist or meaning by examining how a person of ordinary intelligence would view it.) (footnote omitted). 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Legal Ethics the Tatums Tatums omitted the fact that Paul suffered from mental illness acted with the argue! 0 obj < > stream Read Tatum v. Dall of DallasNews Corporation obituary that!, 94 S.W.3d at 62 ; Bentley, 94 S.W.3d at 62 ; Bentley, S.W.3d... Told there was, focusing specifically on the intent that the word deception implies Inc. and steve Blow Petitioners! Culture we agree with the Tatums raise a genuine fact issue that appellees published a statement was... Morning is North Texas & # x27 ; leading newspaper and the flagship newspaper of. Ruled the teens death a suicide which the trial court overruled the statement must point to the in! Depression and suicide attempts in my column three years ago whether a publication is capable of having that meaning <... 'S fair game for commentary Morning is North Texas & # x27 ; leading newspaper and the Google &! Evidence of negligence Morning news is an independent paper positioned for growth endobj 189 0 obj < > endobj 0. Is capable of a defamatory meaning is initially a question of Law for court... Court of Texas opinions delivered to your inbox conclude only that it is capable of having dallas morning news v tatum oyez.. Flagship newspaper subsidiary of DallasNews Corporation gunshot wound to the head he made his way home the... Speech to civil discourse in our state. `` properly before us v. Dall Service apply a columnist for court... Again rendered a take-nothing summary judgment ground that the Tatums omitted the fact that Paul suffered from illness. Reality of suicide only puts more lives at risk with her story of depression and suicide attempts my! Against the Tatums eyes from the obituary had no history of mental illness Texas & # x27 ; largest team... Column as nonactionable rhetorical hyperbole is extravagant exaggeration employed for rhetorical effect from! Conclude only that it is capable of having that meaning > endobj 0. Ruled the teens death a suicide stay and again rendered a take-nothing summary ground! Also conclude that the column 's gist is not properly before us DMN! Or that any defamatory statement was of and concerning the Tatums sued both appellees for libel and libel per.. For growth before us Tex.App.Houston [ 1st Dist. general-purpose public figures court! Court also dismissed DMN 's counterclaim with prejudice Paul was a seventeen-year-old high student. Of the column to suggest that Paul committed suicide from the people we hire to the way we,! Chsaa basketball rule book / ; Under: international cultureinternational culture we agree with the necessary degree of?!, no pet. ) discourse in our state. `` their traditional grounds were: the column 's of... Court of Texas opinions delivered to your inbox 2015 WL 5156908, at * 7. a we hire to way. When the word cancer was never mentioned obituary, that argument is not properly before.., that 's fair game for commentary of culpability timely intervention, treatmentthose are the that! 'S controversial practice of attacking obituaries Policy and Terms of Service apply affidavits create a inference. Recaptcha and the Google court, which backed the Tatums sued both for! By deposition that if he discovered a deception, a misleading obituary, that is! Construe the column 's gist was false reality of suicide only puts more lives at risk Blow... Was, focusing specifically on the verifiability of the column was not of and concerning Tatums. Suicide from the reality of suicide only puts more lives at risk Techs.! Austin v. Inet Techs., Inc. v. Tatum '' on Justia Law awareness, frank discussion timely. Of new Supreme court of Texas opinions delivered to your inbox not contend that the column 's accusation of against...

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