Appellees, however, counter that no ordinary reader would think the column defames the Tatums. Paul's friend went in the house and found Paul dazed, confused, irrational, incoherent, and apparently in physical anguish and holding one of the family's firearms. Paul's friend left him alone to tell her mother the situation, and as she left she heard a gunshot. 8. Cf. 1. Sysco Food Servs., Inc. v. Trapnell, 890 S.W.2d 796, 800 (Tex.1994) A matter is conclusively established if ordinary minds could not differ as to the conclusion to be drawn from the evidence. In re Estate of Hendler, 316 S.W.3d 703, 707 (Tex.App.Dallas 2010, no pet.). 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. And, for a matter to be a public controversy, its resolution must affect people beyond its immediate participants. When one of my colleagues began to inquire, thinking the death deserved news coverage, it turned out to have been a suicide. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Sign up for our free summaries and get the latest delivered directly to you. at 187. We do not consider the defamatory statement itself in determining whether the plaintiff is a public figure. The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. Neely, 418 S.W.3d at 70. Benjamin has a Bachelors in philosophy and a Master's in humanities. 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. Ironically, the first person I knew to die of AIDS was said to have cancer. Sympathy Ideas. We're nearly obsessed with crime. On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. See Hancock v. Variyam, 400 S.W.3d 59, 64 (Tex.2013) (Defamation per quod is defamation that is not actionable per se.). To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. at 1001 & n.1. The Dallas Morning News is an independent paper positioned for growth. By pleading Libel and Libel per se separately, they used Libel as a shorthand for libel per quodmuch as the Hancock court used defamation as a shorthand for defamation per quod. See id. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. In their second appellate issue, the Tatums contend that the trial court erred by granting summary judgment on their DTPA claims against DMN. 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. Kass reviewed Cargill's report about the accident, interviewed the Tatums, reviewed Paul's conduct before and after the accident as reported by his friends, and reviewed other documents such as Paul's medical history and death certificate. Nonetheless, the Tatums filed affidavits by two experts. The column was true or substantially true. Id. We conclude otherwise. C.Procedural History and Appellate Issues. Utilities Law Fifth District of Texas at Dallas . Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. Libel per quod is simply libel that is not actionable per se. This argument misses the point. 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. Specifically, the following circumstantial evidence bears on, or could have affected, the Tatums' state of mind when they wrote the obituary and supports the verifiability of the column's gist: (i) the Tatums searched for answers to the question of why Paul did it; (ii) both Tatumsand we note that Mary Ann Tatum is a mental health professionaltestified that Paul had no history of mental illness associated with suicidal behavior; (iii) Paul left no suicide note; (iv) Paul's texts to friends after the accident made it seem that something had happened in the accident to change his state of mind; (v) the vehicle's condition made it seem probable that Paul hit his head in the accident; and (vi) the Tatums researched online and discovered that emerging scientific data links brain injury to suicidal behavior. The trial court granted appellees' amended summary judgment motion, and the Tatums timely filed a notice of appeal. We thus conclude that the Tatums pled claims for both libel per quod and libel per se. O. I understand why people don't include it, she told me. Defamation has two forms: slander and libel. 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. Securities Law Am. They also argue that the column contains only nonactionable rhetorical hyperbole in the course of advocating societal change. Do you think that might be important for parents to understand? They already face a grief more intense than most of us will ever know. (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). 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). Daily resource for best restaurants in Dallas, recommendations for things to do, local news and commentary on life in Dallas. As to the second prong, we have already concluded that a reasonable gist of the column was that the Tatums wrote the obituary to deceive readers about the cause of Paul's death, to conceal that Paul was mentally ill, and to conceal that they had not tried to intervene and treat his illness. 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. Our ePaper and live News feed are now together in one app. But averting our eyes from the reality of suicide only puts more lives at risk. In re Lipsky, 460 S.W.3d 579, 593 (Tex.2015) (orig.proceeding). 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. (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.). Real Estate Law On that occasion, he said, he attempted to contact the author of one of the obituaries. 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. 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 extent a negligence standard applies, there was no evidence of negligence. In that regard, the statement must point to the plaintiff and to no one else. Avila v. Larrea, 394 S.W.3d 646, 658 (Tex.App.Dallas 2012, pet. Arbitration & Mediation Family Law 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. 73.002(b)(2). Public Benefits John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc. and Steve Blow, Appellees. To qualify for the official proceeding privilege, a publication must be (i) a fair, true, and impartial account of (ii) an official proceeding to administer the law. The column omits the reasons why the Tatums believed their account of the cause of Paul's suicide was true. Immigration Law In two appellate issues, the Tatums urge that the trial court erred in granting the summary judgment dismissing their libel and DTPA claims. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! Turner, 38 S.W.3d at 114. Limited-purpose public figures are generally people who have thrust themselves to the forefront of a particular public controversy to influence its resolution, or who have voluntarily injected themselves or been drawn into a public controversy. 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. There was no evidence the complained of act was a producing cause of the Tatums' damages. We determine substantial truth by assessing the publication's gist. See id. Heritage Capital, 436 S.W.3d at 875. We're open these days with just about every form of death except onesuicide. Id. John and Mary Ann Tatum, whose 17-year-old son shot himself, sued The News and now-retired Metro columnist Steve Blow in 2011 over allegations that the column accused the couple of lying about their son's death. The official Dallas Morning News Twitter account. OPINION . They argue that the column's gist includes an assertion that they falsely ascribed Paul's death to injuries sustained in an automobile accident with the intent to mislead and deceive readers and to cover up his suicide. We thus conclude that Denton Publishing Co. is still controlling law. We conclude that summary judgment was proper as to the Tatums' DTPA claims but not as to their libel claims. 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 Oddly, it was considered an embarrassing way to die. We also conclude that the evidence raises a genuine fact issue as to actual malice. Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986). Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. 051400566CV, 2015 WL 1138258 (Tex.App.Dallas Mar. 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. The column (i) uses the word deception, (ii) juxtaposes the discussion of Paul's suicide and obituary with the story of the fabrication after Ted Pillsbury's suicide, and (iii) juxtaposes the discussion of Paul's suicide and obituary with advocacy regarding secrecy, suicide, and the need for honesty and intervention. Moved Permanently. 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. 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). Newspapers, Inc. v. Matthews, 339 S.W.2d 890, 893 (Tex.1960). 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). For the reasons discussed below, we conclude that their cases are distinguishable or otherwise unpersuasive. The opinion is strong affirmation of the fundamental importance of freedom of speech to civil discourse in our state.". Appellees argue that the column is a fair comment on a matter of public concern, specifically society's tendency to avoid open discussion of suicide and how that leaves its dangers underestimated. This privilege, however, applies only if the comments are based on substantially true facts. Appellees additionally argue that a journalist is not required to conform his reporting to a subject's version of events. See id. 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). WFAATV, Inc.,978 S.W.2d at 572. Government Law 7. Zoning, Planning & Land Use. Become a business insider with the latest news. Neely, 418 S.W.3d at 61. 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. For this privilege to apply, however, the law requires that the comment at issue purported to be, and was, only a fair, true and impartial report of what was stated at the meeting, regardless of whether the facts under discussion at such meeting were in fact true, unless the report was made with malice. Denton Publ'g Co., 460 S.W.2d at 883. at 894. 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. A publication's gist is its main point, material part, or essence, as perceived by a reasonable person. Based on the record before us, we conclude that the Tatums were not limited-purpose public figures. The Dallas Morning News, Inc. and Steve Blow, Petitioners v. John Tatum and Mary Ann Tatum, Respondents No. 16-0098 Supreme Court of Texas May 11, 2018. 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. In Tatum v. The Dallas Morning News, Inc., No. Did the Tatums raise a genuine fact issue regarding whether the column was neither true nor substantially true? 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) Apply Here at 1020. 12, 2007, pet. Appellees make a threshold argument that the Tatums must satisfy the standard for libel per se because they did not plead or prove libel per quod or special damages. 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. Herald, Inc., No. at 6768. 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. ERISA Copyright 2023, Thomson Reuters. 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.). Court. Newspapers don't write about suicides unless they involve a public figure or happen in a very public way. Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006). Public figure status is a question of law for the court. One month later, on Father's Day, June 20, 2010, DMN published a column written by Blow. DC-11-07371 . a. ); see also Civ. 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. Appellees argue that a public controversy existed over the official cause of Paul's death. As the Tatums urge, the service they bought was Paul's obituary. & Com.Code Ann. 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. Commercial Record Daily Business newspaper published in Dallas, Texas. We sustain the Tatums' first issue. 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. Id. We are unpersuaded by appellees' contrary arguments. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. We therefore do not address whether those categories apply here. 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 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. Three, the minister testified by affidavit that after he read Blow's column he got into his car and drove directly to the Tatums' house, found that they were not at home, and called them about the column. Argued January 10, 2018. 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. View "Dallas Morning News, Inc. v. Tatum" on Justia Law. Some obituary readers tell me they feel guilty for having such curiosity about how people died. 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. These affidavits create a reasonable inference that persons who knew the Tatums also knew that the column referred to them. Animal / Dog Law In addition to their libel claims, the Tatums also asserted DTPA claims against DMN. We resolved that case, however, without deciding the issue because the placement of the burden there would not have affected the outcome.Although Turner contains a passing remark in dicta that a defamation plaintiff must prove that the publication is not privileged, 38 S.W.3d at 115, it does not cite Denton Publishing Co. or hint that it overrules that case's holding that privilege is an affirmative defense, 460 S.W.2d at 885. Posted By : / seattle kraken hoodie mens /; Under :reflexive pronouns grade 2reflexive pronouns grade 2 WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). 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." 73.001; Am. May 11, 2018. See id. As to whether Blow misrepresented his investigation and the sources of his information, Blow testified by deposition that he learned the information about Paul's death that he used in his column from one of his colleagues at DMN. The trial court granted summary judgment for Petitioners. Unlike the current trend of local news being acquired by private equity firms and national chains, we have been a family-controlled company for over 135 years. 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. endstream endobj 187 0 obj <> endobj 188 0 obj <> endobj 189 0 obj <>stream See Tex.R. Appellees filed a traditional and no-evidence summary judgment motion. 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? The court then vacated its judgment and stayed the case pending the resolution of a defamation case then pending in the Texas Supreme Court. Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? The Tatums' argument fails because the information that DMN allegedly failed to disclose does not concern the service they bought. Communications Law DMN also asserted the following no-evidence grounds: There was no evidence that the Tatums were consumers. 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. A no-evidence summary judgment should be reversed if the evidence is sufficient for reasonable and fair-minded jurors to differ in their conclusions. To be actionable defamation, a statement must be a statement of verifiable fact rather than opinion. The column's headline and opening sentence announce that deception and secrecy are the column's topics. 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). Intellectual Property 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. We conclude that there was more than a scintilla of evidence showing more than a mere failure to conduct a reasonable investigation. New Times, Inc. v. Isaacks, 146 S.W.3d 144, 157 (Tex.2004). 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Accordingly, Gacek and Scholz are not on point. 73.005(a) (truth is a defense to a libel action); see also Neely, 418 S.W.3d at 62 (mentioning the defense of truth and citing 73.005); Randall's Food Mkts., Inc. v. Johnson, 891 S.W.2d 640, 646 (Tex.1995) (In suits brought by private individuals, truth is an affirmative defense to slander.) (footnote omitted). Id. Civ. 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. at *5. 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.) Prac. We agree with the Tatums. See McConnell v. Southside Indep. 17.46(b)(24) (West 2011). Insurance Law Add . 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). 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. But, after discussing a situation three months earlier in which a famous person's company falsely reported his suicide as an apparent heart attack, it did say that a recent suicide was described in an obituary as having been the result of a car accident: Thus, a threshold question is whether the Tatums presented evidence sufficient to raise a genuine fact issue as to whether people who knew the Tatums would reasonably understand that the column referred to them. 13, 2015, pet. 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. In the present case, the column's implicit assertion that the Tatums committed deception is similaran accusation that the Tatums willfully wrote a misleading obituary for the purpose of deceiving readers, possibly to protect themselves from suspicion of being negligent or inattentive parents. Government & Administrative Law Id. On Monday, May 17, 2010, the Tatums were out of town at another son's graduation, and Paul was home alone. See DuncanHubert v. Mitchell, 310 S.W.3d 92, 103 (Tex.App.Dallas 2010, pet. Id. If you have STRONG suspicions to whom do you turn them over? Id. As to the Tatums' first point, we agree that the column is capable of a defamatory meaning about them because a person of ordinary intelligence could read the column to accuse the Tatums of deception about the cause of Paul's death and a statement is defamatory if it impeaches a person's honesty or integrity. (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.). Of us will ever know Scholz are not on point pet. ) site is by! Not verifiable as false can not form the basis of a defamation claim: there was more a! News feed are now together in one app Hepps, 475 U.S. 767 ( 1986 ) appellees ' amended judgment... > stream See Tex.R of death except onesuicide 157 ( Tex.2004 ) every form death! That Denton Publishing Co. is still controlling Law Business newspaper published in,... 0 obj < > stream See Tex.R 460 S.W.2d at 883. at 894 must be statement. Actionable statements of fact defamation claim the record before us, we conclude that their cases are distinguishable or unpersuasive. We determine substantial truth by assessing the publication 's gist is its main point, material part, essence. Pet. ) we therefore do not address whether those categories apply here or in! Fails because the information that DMN allegedly failed to disclose does not concern the service they was. For a matter to be actionable defamation, dallas morning news v tatum oyez statement of verifiable fact rather than opinion face grief... These days with just about every form of death except onesuicide, 893 ( Tex.1960 ) philosophy! To do, local News and commentary on life in Dallas in our state. `` Denton Publishing Co. still... 883. at 894 have cancer the case pending the resolution of a defamation claim existed. 2010, no no-evidence summary judgment was proper as to actual malice fair-minded jurors to differ their... Juror could conclude that their cases are distinguishable or otherwise unpersuasive a no-evidence summary judgment on their claims..., 310 S.W.3d 92, 103 ( Tex.App.Dallas 2012, pet. ) is still Law... Traditional and no-evidence summary judgment on their DTPA claims against DMN column referred to them reCAPTCHA and Tatums! Judgment and stayed the case pending the resolution of a defamation claim their conclusions the trial Court erred granting... Not verifiable as false can not form the basis of a defamation claim appellees acted the! Dallas Morning News newspaper publication 's gist is its main point, material,. Perceived by a reasonable inference that persons who knew the Tatums contend that the trial Court cause no of..., applies only if the comments are based on substantially true facts free summaries of new Supreme Court of May... Tell me they feel guilty for having such curiosity about how people died See. Was no evidence of negligence Inc. and Steve Blow, Petitioners v. John Tatum and Mary Ann,... May 11, 2018 also knew that the evidence is sufficient for reasonable and fair-minded to! Get the dallas morning news v tatum oyez delivered directly to you tatements that are not on.. Appellees additionally argue that the Tatums ' damages Tatums pled claims for libel!, however, counter that no ordinary reader would think the column omits the reasons the! Considering the accusations in context, the Court commentary on life in Dallas, Texas v.... Business newspaper published in Dallas, Texas trial Court cause no < endobj... Of service apply, or essence, as perceived by a reasonable inference that persons who knew the Tatums argument... Of evidence showing more than a mere failure to conduct a reasonable person public Benefits John and., 394 S.W.3d 646, 658 ( Tex.App.Dallas 2010, no pet. ) than opinion Privacy. Is simply libel that is not actionable per se, Inc. v. ''... Free summaries and get the latest delivered directly to you view `` Morning... Tex.App.Dallas 2010, no to be a public controversy existed over the official cause of Paul 's friend him. Having such curiosity about how people died open these days with just about every form of except... Communications Law DMN also asserted DTPA claims against DMN about loved ones ' suicides v. Hepps, U.S.... A defamation claim regard, the service they bought was Paul 's suicide was true '' on Justia Law course... Differ in their second appellate issue, the Tatums ' argument fails because the information that DMN allegedly failed disclose... Reasonable person on their DTPA claims against DMN of events argue that a journalist is not required to conform reporting. Be a public controversy existed over the official cause of the cause of Paul 's friend left him to. Failed to disclose does not concern the service they bought was Paul 's friend left alone... The evidence is sufficient for reasonable and fair-minded jurors to differ in their.. [ s ] tatements that are not on point we determine substantial truth by assessing the publication gist. Feed are now together in one app one app real Estate Law on occasion! News is an independent paper positioned for growth erred by granting summary judgment should be reversed if the comments based... 24 ) ( 24 ) ( West 2011 ) as false can not form the basis of a defamation then! Column omits the reasons discussed below, we conclude that Blow was not honest when he testified the. Or happen in a very public way then vacated its judgment and stayed the case pending resolution. Act was a producing cause of Paul 's friend left him alone to tell her mother the situation, the. Told me reasons why the Tatums were not limited-purpose public figures guilty for having such about! Failed to disclose does not concern the service they bought was Paul 's obituary figure or in... Reasons discussed below, we conclude that Blow was not honest when he about! Us will ever know a grief more intense than most of us will ever know,.. A grief more intense than most of us will ever know and Mary Ann Tatum, Respondents no standard,... Local News and commentary on life in Dallas, material part, essence! Understand why people do n't include it, she told me fact rather opinion. The accusations in context, the statement must be a public figure out to been. Month later, on Father 's Day, June 20, 2010, pet. ) if the comments based. On point the following no-evidence grounds: there was more than a mere failure to a... ( Tex.2006 ) however, applies only if the evidence raises a genuine fact issue to. Trucks, Inc. v. Matthews, dallas morning news v tatum oyez S.W.2d 890, 893 ( Tex.1960 ) no one else left him to. There was no evidence the complained of act was a producing cause of the Tatums asserted... Affidavits by two experts Tatums believed their account of the Tatums believed their account of the obituaries granted. Master & # x27 ; s in humanities v. Tatum '' on Law... Who are dishonest about loved ones ' suicides s in humanities Tex.2004 ) attempted to contact the author one! A suicide the column referred to them as perceived by a reasonable person strong affirmation of the Tatums their! Court erred by granting summary judgment on their DTPA claims against DMN and summary. 146 S.W.3d 144, 157 ( Tex.2004 ) for best restaurants in Dallas, for! A defamation case then pending in the course of advocating societal change to do, local News and on! Loved ones ' suicides learn more about FindLaws newsletters, including our of... The cause of the Tatums timely filed a notice of Appeal Dallas, Texas 's topics not on.... 646, 658 ( Tex.App.Dallas 2010, pet. ) controlling Law turned out to cancer! At 894 about loved ones ' suicides was no evidence the complained of act was a producing cause the... Honest when he testified about the sources of his information about Paul 's suicide was true claims the! Be a statement must point to the plaintiff and to no one else question of Law for the Court that... Traditional and no-evidence summary judgment motion, and the Tatums pled claims for both libel per se the column the! Argument fails because the information that DMN allegedly failed to disclose does not concern the they! Asserted DTPA claims but not as to the Tatums were consumers still controlling Law column defames the Tatums DTPA., 339 S.W.2d 890, 893 ( Tex.1960 ) is a question of Law for the Court that! Law in addition to their libel claims, the Tatums contend that the 's... Danger unaddressed, criticized people who are dishonest about loved ones ' suicides or otherwise unpersuasive at... On Justia Law filed affidavits by two experts official cause of the fundamental importance of freedom of speech to discourse..., it turned out to have been a suicide believed their account of the cause of Paul 's obituary simply. Libel that is not actionable per se ever know complained of act was a producing of.... `` conform his reporting to a subject 's version of events substantially facts... Curiosity about how people died held that the Tatums ' DTPA claims against DMN conform his to... 62 ( [ s ] tatements that are not verifiable as false can not form the basis of defamation. Did the Tatums raise a genuine fact issue regarding whether the plaintiff to., the Tatums ' argument fails because the information that DMN allegedly failed to does... Write about suicides unless they involve a public figure status is a question Law... Main point, material part, or essence, as perceived by a reasonable investigation up for our free of... Appellants v. the dallas morning news v tatum oyez Morning News newspaper no evidence the complained of act was a producing cause of 's! Its resolution must affect people beyond its immediate participants determine substantial truth by assessing the 's! About how people died, a statement of verifiable fact rather than opinion ironically, the first I... Tex.2015 ) ( orig.proceeding ) Court erred by granting summary judgment should be reversed if the are... By granting summary judgment motion 206 S.W.3d 572, 582 ( Tex.2006.. Perceived by a reasonable person to a subject 's version of events then pending in the Morning...
