These matters create a genuine fact issue regarding whether the column's contents would have warned a reasonably prudent publisher of its defamatory potential. You can explore additional available newsletters here. The Dallas Morning News is an independent paper positioned for growth. at 6667. Landfill, Inc., 434 S.W.3d 142, 15657 (Tex.2014) (citing Gertz v. Robert Welch, Inc., 418 U.S. 323, 349 (1974)). There is thus some evidence from which a reasonable factfinder could find negligence's first prongthat appellees should have known of the defamatory statement's falsity, but failed to use reasonable care to ascertain the truth of the column's gist. 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. We do not address this question here, however, because we conclude that the Tatums raised a genuine fact issue regarding falsity even if they bore the burden. On appeal, appellees argue only that the affidavits are too speculative. 2015 WL 5156908, at *6 n.6. Appellees also argue that there is no evidence to support the Tatums' theory that a brain injury made Paul suicidal. 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. 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. Prac. The Tatums' response relied on the following evidence: One, John Tatum testified by affidavit that his friend Lee Simpson called to inform him about the column the day it was published. He testified that he knew that Bruce Tomaso and Kevin Sherrington looked into Paul's death, and that he could not remember specifically which of them provided him with the information he used in the column. The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. We agree with the Tatums. (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. Appellees' contrary argument fails on the first prong we referenced abovethe existence of a public controversy for the Tatums to participate in. His testimony demonstrates his training and expertise in the field of accident reconstruction. 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. 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. To the contrary, the column's tone is generally sober, and it purports to be grounded in factual details such as the circumstances of Pillsbury's and Paul's deaths, data about the prevalence of suicide among young people, and Julie Hersh's public efforts to reduce the shame and stigma surrounding mental illness. We do not consider the defamatory statement itself in determining whether the plaintiff is a public figure. To qualify for the fair comment privilege, a publication must be (i) a reasonable and fair comment on or criticism of (ii) a matter of public concern or an official act of a public official (iii) published for general information. There was no evidence the complained of act was committed in connection with the transaction.. Id. See McConnell v. Southside Indep. A publication's gist is its main point, material part, or essence, as perceived by a reasonable person. 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. 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. Blow, who did not contact the Tatums before writing his column, called for the public to more openly discuss mental illness, which is often a factor in suicides. Government Law THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM; from Dallas County; 5th Court of Appeals District (05-14-01017-CV, 493 SW3d 646, 12-30-15) 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. 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. Steve Blow is a columnist for The Dallas Morning News. Appellees, however, do not contend that the Tatums are public officials or general-purpose public figures. The trial court later lifted the stay and again rendered a take-nothing summary judgment against the Tatums. The summary judgment evidence conflicts on certain points regarding the newspaper's investigation into Paul's death and the manner in which Blow learned about the immediate cause of Paul's death. Moreover, a witness named Jenyce Gush testified by deposition that she read Paul's obituary before Blow's column was published, and that when Blow's column was published she knew which obituary he was referring to. See Tex.R. Zoning, Planning & Land Use. 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. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. 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. 4. 73.002(b)(2). In part, we don't talk about suicide because we don't talk about the illness that often underlies itmental illness. 3. Medical Malpractice 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? dallas morning news v tatum oyezmedical emergency tabletop exercise. Am. 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. The column's headline and opening sentence announce that deception and secrecy are the column's topics. 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.. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. Sympathy Ideas. Newspapers, Inc. v. Matthews, 339 S.W.2d 890, 893 (Tex.1960). Id. We are unpersuaded. Even assuming that investigations by the police and the medical examiner are official proceedings, the column does not purport to report about those proceedings. 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 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. Before Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill 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. Id. In cases not covered by these mandates, Texas has generally made truth an affirmative defense to defamation. This case involves libel, which is a defamation expressed in written or other graphic form. Id. The court noted that the defendant had repeatedly stated that his accusations of corruption were based on objective, provable facts and on evidence that he had seen. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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). Issue Two: Did the trial court err by dismissing the Tatums' DTPA claims? Appellees also direct us to Haynes v. Alfred A. Knopf, Inc., 8 F.3d 1222 (7th Cir.1993). Civil Procedure A defamation plaintiff must prove that the allegedly defamatory statement referred to him or her. Submit an Obituary. 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. at 100001. 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. 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. John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc. and Steve Blow, Appellees. Accordingly, the court held that the columns were nonactionable opinions. hb```f``ra`a``b`@ r`@([E,X42+r3gpxp~bgecfag^l|%Y>6ZQSkGX{3`e.eVdXVPx\f;nx2_WaL) CpUR L@E QF 8+PH\~9 SY/01.dep|CG}jn@ Lkc |F | We conclude that the evidence raised a genuine fact issue as to negligence. Nonetheless, a journalist may not omit and juxtapose facts in such a way as to make the facts reported convey a false gist or meaning. Posted By : / seattle kraken hoodie mens /; Under :reflexive pronouns grade 2reflexive pronouns grade 2 We disagree and affirm the judgment as to those claims. 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. Accordingly, the Tatums submitted enough evidence to raise a genuine fact issue regarding whether they believed what they said in the obituary was true, did not intend to mislead or deceive anyone, and did not believe Paul suffered from mental illness. 2014, pet. You already receive all suggested Justia Opinion Summary Newsletters. 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.). We disagree. 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. We conclude that there was more than a scintilla of evidence showing more than a mere failure to conduct a reasonable investigation. Labor & Employment Law They state that several paragraphs separate the column's description of Paul's suicide from its discussion of mental illness. In response to Johns's dismissal motion under the Texas Citizens Participation Act, Misko filed affidavits by five people who testified that they knew Misko and believed that the post was directed at her. 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. ); see also Civ. (3)the alleged defamation must be germane to the plaintiff's participation in the controversy. Speech deals with matters of public concern when it can be fairly considered as relating to any matter of political, social, or other concern to the community or when it is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public Snyder v. Phelps, 562 U.S. 443, 453 (2011) (internal quotations and citations omitted). Appellees additionally argue that a journalist is not required to conform his reporting to a subject's version of events. Juvenile Law Environmental Law The Tatums' attorney, Joe Sibley, said he could not comment since The News was a party to the lawsuit. Smith v. Deneve, 285 S.W.3d 904, 909 (Tex.App.Dallas 2009, no pet.). D Magazine Partners, 2015 WL 5156908, at *7. a. 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. Thus, the column does not qualify for the official proceeding privilege. Our decision in Backes v. Misko, No. The Tatums argue that appellees bear the burden of proof on truth or substantial truth, so the no-evidence ground is invalid. 7. Become a business insider with the latest news. This opinion should not be construed to hold that the column necessarily defamed the Tatums. The Tatums also filed copies of a number of emails bearing on the subject. 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. See Civ. Read Tatum v. Dall. We have already concluded that a reasonable reader could conclude that the column presents a false gist about the Tatums. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. pending). 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. According to an opinion from the Texas Supreme Court that reinstated a lower court ruling that favored the Morning News, the Tatums contend their son showed no sign of mental illness or. You're all set! 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. c.Was the column's gist substantially true? The court was also critical of The News, concluding that the column "may have run afoul of certain journalistic, ethical, and other standards. Although appellees contend that the column's gist does not include any comment on the Tatums' character or their actions, we disagree. This meaning is defamatory because it tends to injure the Tatums' reputations and to expose them to public hatred, contempt, or ridicule. Prac. 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. Supreme Court of Texas. See id. The Tatums timely filed a second notice of appeal. Construction Law Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). The Dallas Morning News published the obituary on May 21, 2010. See id. Did the Tatums raise a genuine fact issue regarding whether the column was neither true nor substantially true? 186 0 obj <> endobj The Dallas Morning News, Inc. and Steve Blow, Petitioners v. John Tatum and Mary Ann Tatum, Respondents No. hV]o:+~lb;-E!^ C- Posted By : / thalassery to wayanad ksrtc bus timings /; Under :international norms examplesinternational norms examples West successfully ran for mayor of a Utah town. Please try again. Texas Supreme Court 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. We thus conclude that the Tatums pled claims for both libel per quod and libel per se. 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. Appellees made objections to the affidavits in the trial court, which the trial court overruled. We conclude otherwise. 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. 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. We next ask whether there was evidence that the column's gist was false. Although the column does not expressly make these assertions, roughly the last third of the column discusses the prevalence of suicide (specifically among young people), laments public silence about suicide's frequent cause (mental illness), and concludes, Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. Id. 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. Real Estate Law The trial court granted appellees' amended summary judgment motion, and the Tatums timely filed a notice of appeal. I'm a big admirer of Julie Hersh. There was a car crash, all right, but death came from a self-inflicted gunshot wound [page break] in a time of remorse afterward. She has since written a book, Struck by Living. Real Estate & Property Law 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. That night, Paul was involved in a one-car automobile accident. 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. 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. The Tatums argue that the service at issue is publishing the obituary. 6. Animal / Dog Law at *4. at 1001 & n.1. A publication is substantially true if, in the average reader's mind, the allegedly defamatory statement is not more damaging to the plaintiff's reputation than a truthful statement would have been. See id. See id. 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. I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. at 62 (In this defamation suit involving two physicians, we clarify a longstanding distinction between defamation and defamation per se). On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. Steve Blow is a columnist for The Dallas Morning News. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. When art expert Ted Pillsbury died in March, his company said he suffered an apparent heart attack on a country road in Kaufman County. The summary judgment evidence included a copy of the printed version of the newspaper column that prompted this suit. 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