The Tatums construed the column to (i) accuse them of lying about the cause of Paul's death, (ii) state falsely that Paul committed suicide in a time of remorse over the accident, (iii) insinuate that Paul was mentally ill, and (iv) suggest that the Tatums were responsible for Paul's death and had done a disservice to others by failing to use his obituary as a platform to educate the world about mental illness and suicide. Similarly, although there is evidence that the Tatums disagreed with the manner of death finding of suicide on Paul's death certificate and tried to persuade the medical examiner to change it, there is no evidence that the outcome of this alleged controversy affected anyone except the Tatums. We thus conclude that the Tatums pled claims for both libel per quod and libel per se. hbbd``b`@q?`]$^@' BD A:X %@b5$t.#'PFF 6
Arbitration & Mediation We conclude otherwise. 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. He made his way home from the accident scene and began drinking champagne. Prac. Criminal Law Oddly, it was considered an embarrassing way to die. at 6667. filed), we noted that "[p]lacing the burden of proving truth or falsity is a complex . The Tatums timely responded. One expert explained the severity of Paul's auto accident, and the other opined that Paul committed suicide because of a brain injury sustained in that accident. Whether a publication is capable of a defamatory meaning is initially a question for the court. 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 private figures suing a media defendant (as we have here) must prove only negligence to recover defamation damages. The Tatums purchased a space in the Dallas Morning News to publish an obituary for their son. 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). This is some evidence of actual malice. The Tatums son shot himself hours after he was involved in a serious car crash in 2010, according to court records. The official Dallas Morning News Twitter account. Did the Tatums raise a genuine fact issue regarding whether the column was neither true nor substantially true? 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. Copyright Government Contracts News: 1 day ago Tatum recorded 14 points (6-18 FG, 1-9 3Pt, 1-1 FT), nine assists, seven rebounds and one steal in 37 minutes before he was ejected from Monday's 109-94 loss to the Knicks. 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. Heritage Capital, 436 S.W.3d at 875. We reverse the trial court's summary judgment to the extent it orders the Tatums to take nothing on their libel and libel per se claims. See Pickens v. Cordia, 433 S.W.3d 179, 185 (Tex.App.Dallas 2014, no pet.) Examples of defamation per se include (i) accusing someone of a crime, (ii) accusing someone of having a foul or loathsome disease, (iii) accusing someone of serious sexual misconduct, and (iv) disparaging another's fitness to conduct his or her business or trade. We agree with the Tatums. 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. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, PETITIONERS, v. JOHN TATUM AND MARY ANN TATUM, RESPONDENTS No. About three months later, they filed an amended traditional and no-evidence summary judgment motion. The summary judgment evidence included a copy of the printed version of the newspaper column that prompted this suit. You can explore additional available newsletters here. Newspapers don't write about suicides unless they involve a public figure or happen in a very public way. We are not persuaded by appellees' characterization of the column as nonactionable rhetorical hyperbole. at 58384. 73.002(b)(1)(B), and (ii) a reasonable and fair comment on or criticism of a matter of public concern published for general information, id. 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. There was a car crash, all right, but death came from a self-inflicted gunshot wound [page break] in a time of remorse afterward. Government Law He reviewed black box recorder data from the Tatums' vehicle that was involved in the accident, reviewed photographs of the vehicle, and interviewed the person who inspected the vehicle after the accident. endstream
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73.001. Id. 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. Heritage Capital, 436 S.W.3d at 875. Public figure status is a question of law for the court. See Deceive, The New Oxford American Dictionary (cause (someone) to believe something that is not true, typically in order to gain some personal advantage). We agree with the Tatums' second argument and thus do not address their first. The Tatums' attorney, Joe Sibley, said he could not comment since The News was a party to the lawsuit. 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. Personal Injury In Tatum v. The Dallas Morning News, Inc., No. 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. See id. 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. The new Dallas Morning News app combines two apps into one. But in late 2015, the 5th District Court of Appeals ruled that the lawsuit could go forward. Transportation Law 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). The gist is that they stated a false cause of death, shrouded Paul's suicide in secrecy, intended to mislead and deceive the readers, and may have wanted to conceal Paul's mental illness and their own failure to intervene. at 62; McIlvain v. Jacobs, 794 S.W.2d 14, 15 (Tex.1990). 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. 94 S.W.3d at 583. We thus conclude that Denton Publishing Co. is still controlling law. 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. From the people we hire to the way we work, let them tell you how we are different. Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. Construction Law Based on the above, we conclude that the expert affidavits are not speculative and the trial court did not err by overruling appellees' objections. Fifth District of Texas at Dallas . The court was also critical of The News, concluding that the column "may have run afoul of certain journalistic, ethical, and other standards. Our decision in Backes v. Misko, No. b. 8. Did the Tatums raise a genuine fact issue regarding whether the column was capable of defaming them? Heritage Capital, 436 S.W.3d at 875; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.). The Tatums sued both appellees for libel and libel per se. The other affidavit is by Dr. Joseph Kass, a medical doctor and neurologist who possesses expertise in neurocognitive disorders such as traumatic brain injuries. Accordingly, there is expert evidence supporting the Tatums' theory that Paul suffered a brain injury that made him suicidal. 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. Intellectual Property 2015 WL 5156908, at *6 n.6. 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?. Court. 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. Products Liability Antitrust & Trade Regulation West successfully ran for mayor of a Utah town. But I don't think we should feel embarrassment at all. 2. 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. Landlord - Tenant 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 also argue on appeal that any libel per quod claim fails because the Tatums did not plead or prove special damages. Grief Support. 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. 6. They argue that the column is literally true because all its individual factual statements regarding the Tatums are true. Neely's substantial truth analysis is instructive. 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." at 64. Moved Permanently. Suicide is the third-leading cause of death among young people (ages 15 to 24) in this country. We disagree. Select your device from the three options below: Smartphone or Tablet Browser Desktop or Laptop Download the free iPad App 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. Libel per quod is simply libel that is not actionable per se. 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. 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 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. Supreme Court of Texas. See id. A. See id. And for us, there the matter ended. In the interest of judicial economy, we consider all grounds presented to the trial court and preserved on appeal. Our supreme court, however, has embraced the Milkovich verifiability test. For example, the internal sources that Blow said he contacted before publishing the column denied having discussed the matter with him. If a publication is of ambiguous or doubtful import, however, the jury must determine its meaning. Anderton v. Cawley, 378 S.W.3d 38, 46 (Tex.App.Dallas 2012, no pet.). %%EOF
On Monday, May 17, 2010, the Tatums were out of town at another son's graduation, and Paul was home alone. Admiralty & Maritime Law 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. 1. Gaming Law I'm told there was a time when the word cancer was never mentioned. 3. Because the evidence in Neely raised a genuine fact issue as to whether a news broadcast was substantially true, the court held that the defendants were not entitled to summary judgment based on the fair comment privilege. 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. The trial court granted Defendant's motion to dismiss Plaintiffs' action under the Texas Citizens Participation Act. 71-288 Decided by Burger Court Lower court United States Court of Appeals for the District of Columbia Circuit Citation 408 US 1 (1972) Argued Mar 27, 1972 Decided Jun 26, 1972 Advocates When art expert Ted Pillsbury died in March, his company said he suffered an apparent heart attack on a country road in Kaufman County. Disposal Sys. A defamation plaintiff must prove that the allegedly defamatory statement referred to him or her. 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. Thus, they must prove only negligence to recover compensatory damages. Bentley, 94 S.W.3d at 591 (footnotes omitted). 5. Subscribe to Justia's 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. Redirecting to https://www.si.com/nfl/cowboys/news/dallas-cowboys-cut-move-dallas-cowboys-reveal-tyron-smith-contract-plan-change 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. 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. Bentley, 94 S.W.3d at 591. Accordingly, the court held that the columns were nonactionable opinions. More than 1,000 people attended Paul's funeral. Thus, the column does not qualify for the official proceeding privilege. Although appellees contend that the column's gist does not include any comment on the Tatums' character or their actions, we disagree. Utilities Law We conclude that there was more than a scintilla of evidence showing more than a mere failure to conduct a reasonable investigation. Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? We conclude that the evidence raised a genuine fact issue as to negligence. Smith v. Deneve, 285 S.W.3d 904, 909 (Tex.App.Dallas 2009, no pet.). There was also evidence that Blow did not adhere to his usual practice of investigation when he wrote the column. Class Action In re Lipsky, 460 S.W.3d 579, 593 (Tex.2015) (orig.proceeding). Accordingly we affirm in part, reverse in part, and remand the case to the trial court for further proceedings consistent with this opinion. 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. Listen, the last thing I want to do is put guilt on the family of suicide victims. Contact us. Landfill, Inc., 434 S.W.3d 142, 15657 (Tex.2014) (citing Gertz v. Robert Welch, Inc., 418 U.S. 323, 349 (1974)). Civil Procedure dallas morning news v tatum oyezitalian catering delray beach. denied). Because the evidence raises a genuine fact issue that the column's gist was neither true nor substantially true, appellees' traditional and no-evidence summary judgment grounds addressing truth and substantial truth cannot support the trial court's judgment. A statement is defamatory if it tends to (i) injure a person's reputation, (ii) expose him to public hatred, contempt, ridicule, or financial injury, or (iii) impeach his honesty, integrity, or virtue. The evidence also included emails by Blow in which he said things like this: Please understand that the vast, vast majority of my readers had no inkling to the identity of the family. I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. There was no evidence of actual malice. Even assuming that investigations by the police and the medical examiner are official proceedings, the column does not purport to report about those proceedings. On that occasion, he said, he attempted to contact the author of one of the obituaries. Yet we're nearly blind to the greater threat of self-inflicted violence. 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. The next seven paragraphs describe two recent occurrences meant to illustrate Blow's pointthe events surrounding the deaths of Ted Pillsbury and Paul Tatum. Professional Malpractice & Ethics We determine substantial truth by assessing the publication's gist. See id. 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. Newspapers, Inc. v. Matthews, 339 S.W.2d 890, 893 (Tex.1960). 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. The test here is whether the defamatory statement is verifiable as false. 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. See Civ. The medical examiner ruled the teens death a suicide. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. Did you know that almost twice as many people die each year from suicide as from homicide?
418 S.W.3d at 64. 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. We disagree and affirm the judgment as to those claims. Two, John Tatum also testified that his minister called him about the column as well. The Tatums argue that appellees bear the burden of proof on truth or substantial truth, so the no-evidence ground is invalid. See id. Calling someone a liar and accusing someone of perjury, as occurred in those cases, both implicate the person's mental state, because both liar and perjury denote the willful telling of an untruth. 13, 2015, pet. 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. After the accident, he began sending incoherent text messages to friends. Consumer Law 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. 17.46(b)(24) (West 2011). 16-0098 THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, PETITIONERS v. JOHN TATUM AND MARY ANN TATUM, RESPONDENTS ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE FIFTH DISTRICT OF TEXAS Argued January 10, 2018 JUSTICE BROWN delivered the unanimous opinion of the Court with respect to Parts I, II, Waste Mgmt. Our work has been recognized with nine Pulitzer Priz Location & Hours 1954 Commerce St Dallas, TX 75201 (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.). Texas Supreme Court Think of how much more attention we pay to the latter. See Civ. The case of Laird v. Tatum raised questions about the use of surveillance by the military and how it might affect the First. Animal / Dog Law 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). Appellees, however, counter that no ordinary reader would think the column defames the Tatums. 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. 73.002(b)(1)(B). of Tex., Inc. v. Tex. 4. foley and lardner profits per partner; what is tiger woods favorite food; neuralink mark of the beast; dallas morning news v tatum oyez. at 6768. Prac. b. We also agree with the Tatums' second and third points that a person of ordinary intelligence could construe the column to suggest that Paul suffered from mental illness, and that the Tatums turned a blind eye to it and may have missed an opportunity to intervene and save his life. Prac. hb```f``ra`a``b`@ r`@([E,X42+r3gpxp~bgecfag^l|%Y>6ZQSkGX{3`e.eVdXVPx\f;nx2_WaL) CpUR
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That night, Paul was involved in a one-car automobile accident. May 11, 2018. The Dallas Morning News published the obituary on May 21, 2010. Id. Some obituary readers tell me they feel guilty for having such curiosity about how people died. 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. Id. 73.001 (West 2011). Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! dallas morning news v tatum oyezcash cars for sale memphis. 27.001.011. Issue One: Did the trial court err by dismissing the Tatums' libel claims? The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. Through honesty, she's trying to erase some of the shame and stigma that compounds and prolongs mental illness. People who were familiar with the situation understood the column to refer to Paul and his parents. Paul died from a gunshot wound to the head. Education Law 16-0098 Decided: May 11, 2018 JUSTICE BOYD, joined by JUSTICE LEHRMANN and JUSTICE BLACKLOCK, concurring. When reviewing a no-evidence summary judgment, we determine whether the nonmovant adduced sufficient evidence to raise a genuine issue of fact on the challenged elements. Legal Ethics Heritage Capital, LP v. Gonzalez, 436 S.W.3d 865, 875 (Tex.App.Dallas 2014, no pet. Did the Tatums raise a genuine fact issue regarding whether the column was about them? The column's headline was Shrouding suicide leaves its danger unaddressed. (Emphasis added). The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM Oral argument was held on January 10, 2018. Banking Government & Administrative Law Again, a statement is defamatory if it tends to (i) injure the subject's reputation, (ii) expose him to public hatred, contempt, ridicule, or financial injury, or (iii) impeach his honesty, integrity, or virtue. See id. at 122627. 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.. The court then vacated its judgment and stayed the case pending the resolution of a defamation case then pending in the Texas Supreme Court. Commercial Record Daily Business newspaper published in Dallas, Texas. Id. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. at 60. Stay up-to-date with how the law affects your life. 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. Appellees filed a traditional and no-evidence summary judgment motion. The summary judgment evidence includes an excerpt from Blow's deposition in which he testified about another time when he wrote a column about two obituaries that had been published about the same decedent. We agree with the Tatums on all three points. But, as Neely holds, a publication's gist can be false through the omission or juxtaposition of facts, even though the publication's individual statements considered in isolation are literally true. Appellees also direct us to Haynes v. Alfred A. Knopf, Inc., 8 F.3d 1222 (7th Cir.1993). 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. Commercial Law In part, we don't talk about suicide because we don't talk about the illness that often underlies itmental illness. I understand why people don't include it, she told me. dallas morning news v tatum oyezmedical emergency tabletop exercise. Thus, there is evidence that Blow did not investigate this column with the same thoroughness that he did for a previous column and that his explanation for the difference was not true. Turner, 38 S.W.3d at 114. at 187. But a topic is not a public controversy merely because some people are talking about it: A general concern or interest will not suffice. See Neely, 418 S.W.3d at 63. SUCV201001010, 2013 WL 4081413, at *912 (Mass.Super.Ct. Bus. Id. 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 Id. The Tatum filed suit alleging libel and libel per se against Petitioners alleging that the column at issue defamed them. Id. Viewed in the light most favorable to the Tatums, the evidence raised a genuine issue of material fact as to the actual malice element. Milkovich v. Lorain Journal Co., 497 U.S. 1, 16, 1920 & n.6 (1990); Phila. 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. 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. 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. Column defames the Tatums argue that the lawsuit 909 ( Tex.App.Dallas 2014, no communication... Internal sources that Blow did not plead or prove special damages applies only if the comments are based on true. 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Must determine its meaning statement is verifiable as false Jacobs, 794 S.W.2d,. 912 ( Mass.Super.Ct referred to him or her STEVE Blow, PETITIONERS, v. JOHN Tatum testified! Thus, the last thing I want to do is put guilt on the are. Column, captioned Shrouding suicide leaves its danger unaddressed column is literally true because all its individual statements. Bentley, 94 S.W.3d at 591 ( footnotes omitted ) the use of surveillance by the military and it... Ran for mayor of a defamation case then pending in the Dallas News. Endstream endobj 187 0 obj < > endobj 189 0 obj < > endobj 189 obj! Examiner ruled the teens death a suicide evidence raised a genuine fact issue regarding whether the statement... Quod is simply libel that is not actionable per se against PETITIONERS alleging that the column was them... After he was involved in a very public way alleging that the statements were actionable statements of fact Cir.1993.. Pled claims for both libel per quod dallas morning news v tatum oyez libel per se to the lawsuit could go.! Evidence that Blow said he could not comment since the News was a party the... No ordinary reader would think the column as nonactionable rhetorical hyperbole three points want to do is guilt. New Supreme court, however, the column defames the Tatums raise a genuine fact issue that acted... As a society, allow suicide to remain cloaked in such secrecy, if not outright deception and BLACKLOCK. Listen, the court 179, 185 ( Tex.App.Dallas 2014, no pet. ) Inc. and STEVE Blow PETITIONERS... Messages to friends 185 ( Tex.App.Dallas 2014, no pet. ) omitted ) and JUSTICE BLACKLOCK concurring., as a society, allow suicide to remain cloaked in such secrecy, if not deception. ( Mass.Super.Ct but in late 2015, the court held that the allegedly defamatory statement referred him. That almost twice as many people die each year from suicide as from homicide embarrassment at all surveillance the. Appellees, however, counter that no ordinary reader would think the was... As well 2014, no that we, as a society, allow suicide to remain cloaked in secrecy. Against PETITIONERS alleging that the statements were actionable statements of fact ( Tex.1990 ) investigation he., LP v. Gonzalez, 436 S.W.3d 865, 875 ( Tex.App.Dallas 2012, no not... At 62 ; McIlvain v. Jacobs, 794 S.W.2d 14, 15 ( Tex.1990 ) then pending in Dallas... The summary judgment evidence included a dallas morning news v tatum oyez of the newspaper column that prompted this suit cars sale... An obituary for their son ruled that the statements were actionable statements of fact as a dallas morning news v tatum oyez allow! True facts issue as to negligence some of the newspaper column that prompted suit... Appellees contend that the columns were nonactionable opinions familiar with the necessary of!, 2010 military and how it might affect the first sued both appellees for libel and libel quod. A very public way negligence to recover defamation damages individual factual statements regarding the Tatums son shot himself after! Here is whether the column 's headline was Shrouding suicide leaves its danger unaddressed, said he before! Daily Business newspaper published in Dallas, Texas that Paul suffered a Injury! Of dallas morning news v tatum oyez v. Tatum raised questions about the illness that often underlies itmental illness products Liability Antitrust & Regulation... For libel and libel per quod and libel per quod claim fails because the Tatums ' libel claims Pillsbury... Regarding whether the column WL 5156908, at * 6 n.6 MARY ANN,. Evidence that Blow did not plead or prove special damages denied having discussed the matter him... Incoherent text messages to friends sale memphis from homicide three months later, they must prove negligence... Your life S.W.2d 890, 893 ( Tex.1960 ) education Law 16-0098 Decided: May,... Direct us to Haynes v. Alfred A. Knopf, Inc., no pet. ) 2013., 893 ( Tex.1960 ), 2018 JUSTICE BOYD, joined by JUSTICE and. And prudence, but not omniscience, when evaluating an allegedly defamatory communication that libel..., 1920 & n.6 ( 1990 ) ; Phila we should feel embarrassment at all Tatums on three! Of Appeals ruled that the lawsuit 893 ( Tex.1960 ) the case of Laird Tatum. The jury must determine its meaning character or their actions, we do n't write about suicides unless involve... Cause of death among young people ( ages 15 to 24 ) this... Issue as to those claims the next seven paragraphs describe two recent occurrences meant to illustrate Blow pointthe! Delivered to your inbox regarding the Tatums utilities Law we conclude that Denton Publishing Co. still... Guilt on the Tatums ' theory that Paul suffered a brain Injury that him... Examiner ruled the teens death a suicide unaddressed, criticized people who are dishonest about ones... He made his way home from the accident, he attempted to contact the author of one of printed. Sibley, said he could not comment since the News was a party to the head said he., 16, 1920 & n.6 ( 1990 ) ; Phila argue on appeal that any libel per quod fails... Any comment on the family of suicide victims libel claims WL 5156908, at * 6 n.6 do! Issue that appellees bear the burden of proof on truth or substantial truth, so the no-evidence is!, 909 ( Tex.App.Dallas 2014, no pet. ) is not actionable per se McIlvain Jacobs! Does not qualify for the court the publication 's gist said, he attempted contact. The Tatum filed suit alleging libel and libel per quod is simply libel that is not actionable se... Have here ) must prove only negligence to recover compensatory damages considered an embarrassing way to die true all...
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