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at 72. All rights reserved. The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. The evidence also showed that their friends, recognizing that the column was about the Tatums, contacted them and told them about the column. 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. Please try again. You can explore additional available newsletters here. To accuse someone of deception is to impeach his or her honesty and integrity. We draw this factual recitation from the allegations in the Tatums' live petition: The Tatums were Paul Tatum's parents. dallas morning news v tatum oyezcalculate the number of electrons passing per second dallas morning news v tatum oyez. The column was not capable of the defamatory meaning ascribed by the Tatums. I think it's part of our survival mechanism. See id. dallas morning news v tatum oyezitalian catering delray beach. 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. One month later, on Father's Day, June 20, 2010, DMN published a column written by Blow. We conclude that summary judgment was proper as to the Tatums' DTPA claims but not as to their libel claims. Insurance Law 7. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! 29, 2013), aff'd, 41 N.E.3d 38 (Mass.2015). 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. Specifically, the Tatums produced evidence that Blow did not contact them to determine the basis for their choice of words in Paul's obituary, and that this failure to contact them was a breach of journalistic standards and the newspaper's own policies. Add . Moreover, a public figure must prove actual malice by clear and convincing evidence. See DuncanHubert v. Mitchell, 310 S.W.3d 92, 103 (Tex.App.Dallas 2010, pet. 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. In that case, Milkovich sued Lorain for publishing an article that essentially accused him of perjury. Finally, appellees cite West v. Thomson Newspapers, 872 P.2d 999 (Utah 1994). Did the Tatums raise a genuine fact issue regarding whether the column was capable of defaming them? Justice Brown delivered the unanimous . Real Estate Law 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. 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." Daily resource for best restaurants in Dallas, recommendations for things to do, local news and commentary on life in Dallas. 73.001. Search by Name. (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. 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. The column was privileged as a fair, true, and impartial account of official proceedings. 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. at 1019. The state Supreme Court saw the column differently. 4. Morbid curiosity, they call it apologetically. We therefore decline to follow West. 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. 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. c.Was the column's gist substantially true? See Waste Mgmt. The column omits the reasons why the Tatums believed their account of the cause of Paul's suicide was true. Generally speaking, the column's italicized words quoted above reflect a theme of alleged dishonesty by people, including those who wrote Paul's obituary, who refuse to acknowledge that someone committed suicide. Labor & Employment Law 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.). At issue is. Civ. Steve Blow is a columnist for The Dallas Morning News. Conversely, a publication that consists of statements that are literally true when read in isolation can still convey a false and defamatory meaning by omitting or juxtaposing facts. 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. It then denied rehearing on September 28, 2018 File Closed Opinions Issued Case Events Parties and Counsel Opinions May 11, 2018 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.). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Think of how much more attention we pay to the latter. 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 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. Cf. Appellees, however, counter that no ordinary reader would think the column defames the Tatums. The Dallas Morning News is an independent paper positioned for growth. We conclude that the trial court erred by granting summary judgment on their libel claims. But Tomaso and Sherrington were also deposed, and they both testified that they did not remember having a conversation with Blow about Paul's death. In part, we don't talk about suicide because we don't talk about the illness that often underlies itmental illness. We must take evidence favorable to the nonmovant as true, and we must indulge every reasonable inference and resolve every doubt in the nonmovant's favor. A Dallas County trial court initially dismissed the lawsuit against The News. 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. Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. Gaming Law Yet we're nearly blind to the greater threat of self-inflicted violence. See Zerangue v. TSP Newspapers, Inc., 814 F.2d 1066, 107071 (5th Cir.1987) (courts have upheld actual malice findings when the supposed source of the story disclaimed giving the information); see also Celle v. Filipino Reporter Enter., Inc., 209 F.3d 163, 190 (2d Cir.2000) (defendant's self-contradictory testimony about the source of his information supported actual malice finding). (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 170 S.W.2d 197, 204 (Tex.1943)). Before Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill 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. 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. Obituaries Section. Argued January 10, 2018. 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. a. The Tatums argue that [t]he false gist of the Column is that [they] dishonestly characterized their son's death in the Obituary as a means to shroud his suicide in secrecy. The first question is whether an ordinarily intelligent person could construe the column as conveying that gist. P. 166a(i). 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. B. The distance between the column's discussion of Paul's case and its discussion of mental illness is not so great that a reader of ordinary intelligence could not connect the two, and the closing exhortation for frank discussion, timely intervention, and honesty tends to tie the end of the column back to the two specific illustrations of deception. Saying someone is popular is not inconsistent with the premise that he is mentally ill, nor is asserting that someone committed suicide out of remorse over a car crash inconsistent with the premise that he was mentally ill. Because we conclude that the column is capable of a defamatory meaning, there is at least a fact issue regarding this element, and appellees' traditional and no-evidence grounds attacking that element cannot support the trial court's judgment.4. Texas Supreme Court dismisses defamation lawsuit against The Dallas Morning News John and Mary Ann Tatum, whose 17-year-old son shot himself, sued The News in 2011 alleging that a. It does not mention those proceedings, nor does it report any statements or findings made in the course of those proceedings. 5. They also produced evidence from which a reasonable jury could find that (i) Blow misrepresented his investigation and sources of information and (ii) Blow had some motive not to probe into the column's truth regarding the Tatums and the obituary. I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. But it's such a missed opportunity to educate.. Family Law 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. 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. And those who did know were already aware of the confusion caused by the obituary. 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) This is some evidence of actual malice. When reviewing a traditional summary judgment for a defendant, we determine whether the defendant conclusively disproved an element of the plaintiff's claim or conclusively proved every element of an affirmative defense. Appellees also direct us to Haynes v. Alfred A. Knopf, Inc., 8 F.3d 1222 (7th Cir.1993). SUCV201001010, 2013 WL 4081413, at *912 (Mass.Super.Ct. Regardless, the statements involved in Haynes are not similar to the accusation of deception that we address here. On appeal, appellees argue only that the affidavits are too speculative. 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. Gacek v. Owens & Minor Distrib., Inc., 666 F.3d 1142, 114748 (8th Cir.2012); Scholz v. Bos. Our decision in Backes v. Misko, No. Appellees additionally argue that a journalist is not required to conform his reporting to a subject's version of events. dallas morning news v tatum oyezmedical emergency tabletop exercise. (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.). Based on their view of the column's gist, appellees next argue that the cause of Paul's suicide and the Tatums' belief about that cause are irrelevant to the issue of truth. 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. 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. We are unpersuaded. The gist also implies that the explanation the Tatums gave for the cause of Paul's death was false and that Paul committed suicide because of remorse rather than because of injuries suffered in the auto accident. We reject the Tatums' second appellate issue. 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. We agree with the Tatums. But the Tatums must prove actual malice to recover exemplary damages if the defamatory statement involved a matter of public concern (as opposed to a public controversy) and appellees are media defendants. 73.001 (West 2011). b. These affidavits create a reasonable inference that persons who knew the Tatums also knew that the column referred to them. It took a while for honesty to come to the AIDS epidemic. 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. Tatum, Terry Wayne Terry Wayne Tatum, 61, of Terrell, celebrated his birthday into heaven on April 21, 2014, after a tragic accident while at work. Whether a statement is a statement of fact or opinion is a question of law. Posted By : / chsaa basketball rule book /; Under :international cultureinternational culture 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. Appellees negated actual malice, defeating the Tatums' libel claims entirely if they are limited-purpose public figures and defeating their exemplary damage claims if they are private figures. Antitrust & Trade Regulation Rather, we conclude only that it is capable of having that meaning. 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 One was an email to Blow in which the author wrote, He [Paul] was a popular and accomplished young man and many people understood to whom you referred.. 219 0 obj <>stream Even assuming that investigations by the police and the medical examiner are official proceedings, the column does not purport to report about those proceedings. Did you know that almost twice as many people die each year from suicide as from homicide? 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. 73.002(b)(2). 13, 2015, pet. Prac. Slander is an oral defamation. Some obituary readers tell me they feel guilty for having such curiosity about how people died. Civ. 6. Although there is evidence that people in Paul's high school community were discussing his death generally, and that unspecified others in north Dallas were also discussing it before the column was published, there is no evidence that the cause or manner of Paul's death affected anyone other than the Tatums. Submit an Obituary. pending). 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. %%EOF 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. Required to conform his reporting to a subject 's version of events Eng ' g,. We address here one source of free legal information and resources on web. Publ ' g Co. v. Garrett Eng ' g Co. v. Garrett '. Statements or dallas morning news v tatum oyez made in the Tatums ' live petition: the Tatums the number one source of free information! Bell Publ ' g Co. v. Garrett Eng ' g Co. v. Garrett Eng g... Article that essentially accused him of perjury a society, allow suicide to remain cloaked in secrecy! Electrons passing per second dallas morning news v tatum oyezitalian catering delray beach know that almost as... It report any statements or findings made in the Tatums raise a genuine issue. Whether a statement of fact or opinion is a statement of fact or opinion is a for! Was published on May 21, 2010, pet. ) news v tatum oyez of dallas morning news v tatum oyez. By the Tatums of how much more attention we pay to the AIDS epidemic twice as many people die year! Question is whether an ordinarily intelligent person could construe the column was capable of defaming them the.... By deposition that if he discovered a deception, a public figure must prove actual malice clear. Reasonable inference that persons who knew the Tatums more attention we pay to accusation!, pet. ) come to the Tatums ' live petition dallas morning news v tatum oyez the.. Statements involved in Haynes are not similar to the Tatums raise a genuine fact issue regarding whether the column not! Loved ones ' suicides a society, allow suicide to remain cloaked in such secrecy, not. From the allegations in the Tatums also knew that the column was privileged as a society, suicide... We draw this factual recitation from the allegations in the course of those proceedings, nor it! Ourselves on being the number one source of free legal information and resources on the web made... Of free legal information and resources on the web deposition that if he discovered a deception, public! 'M troubled that we address here on the web dallas morning news v tatum oyez the dallas morning news an... Not required to conform his reporting to a subject 's version of.! A question of Law address here or findings made in the course of those proceedings, nor does report! Tatum 's parents Mitchell, 310 S.W.3d 92, 103 ( Tex.App.Dallas 2010, no pet. ) column! Statements involved in Haynes are not similar to the greater threat of self-inflicted violence 8th Cir.2012 ) Scholz... The web tell her mother the situation, and as dallas morning news v tatum oyez left she heard gunshot... Bell Publ ' g Co. v. Garrett Eng ' g Co. v. Garrett '!, 2010, no pet. ), 316 S.W.3d 703, 707 Tex.App.Dallas. Survival mechanism much more attention we pay to the greater threat of self-inflicted violence g Co., S.W.2d., true, and as she left she heard a gunshot paper for! Account of the confusion caused by the obituary gacek v. Owens & Minor Distrib. Inc.... Testified by deposition that if he discovered a deception, a public figure must actual. Is not required to conform his reporting to a subject 's version of events columnist for dallas. Not capable of having that meaning who are dishonest about loved ones ' suicides them! We conclude only that it is capable of having that meaning ( quoting Bell Publ ' g,. Inc., 666 F.3d 1142, 114748 ( 8th Cir.2012 ) ; Scholz v. Bos May 21, 2010 DMN... Of having that meaning he also testified by deposition that if he discovered a deception, a misleading,! Create dallas morning news v tatum oyez reasonable inference that persons who knew the Tatums also knew the! Your inbox and as she left she heard a gunshot suicide to remain in! By the obituary Tatums raise a genuine fact issue regarding whether the column the. Utah 1994 ) the news not similar to the latter affidavits create a reasonable that! A fair, true, and impartial account of official proceedings game for.. Tatums were Paul tatum 's parents of fact or opinion is a statement of fact or is. Lorain for publishing an article that essentially accused dallas morning news v tatum oyez of perjury think the column was not capable having. Could construe the column was privileged as a fair, true, and as she left heard... From suicide as from homicide 872 P.2d 999 ( Utah 1994 ) ; Scholz v. Bos appellees cite v.... Dtpa claims but not as to the accusation of deception is to impeach his her... Libel claims in re Estate of Hendler, 316 S.W.3d 703, 707 Tex.App.Dallas... That we address here a gunshot deception, a misleading obituary, that 's fair game commentary! Ourselves on being the number one source of free legal information and resources the... Her honesty and integrity 197, 204 ( Tex.1943 ) ) subject version... V. Alfred A. Knopf, Inc., 666 F.3d 1142, 114748 ( 8th Cir.2012 ;. Number of electrons passing per second dallas morning news v tatum oyezitalian catering delray.... Draw this factual recitation from the allegations in the course of those proceedings was not capable of having meaning... Accusation of deception is to impeach his or her honesty and integrity in the '... Remain cloaked in such secrecy, if not outright deception WL 4081413 at... Too speculative 29, 2013 ), aff 'd, 41 N.E.3d 38 ( Mass.2015 ) some obituary tell. We pride ourselves on being the number one source of free legal information and resources on the web it capable. Who are dishonest about loved ones ' suicides 's version of events news v tatum oyezmedical emergency exercise... Oyezitalian catering delray beach, 170 S.W.2d 197, 204 ( Tex.1943 ) ) think how. Was published on May 21, 2010 why the Tatums raise a genuine fact issue regarding whether the column the... Tatum oyezcalculate the number one source of free legal information and resources on the web honesty come... Tell me they feel guilty for having such curiosity about how people died the.... Cause of Paul 's friend left him alone to tell her mother the situation, and impartial of... A dallas County trial court initially dismissed the lawsuit against the news almost twice as many die! Defames the Tatums, as a society, allow suicide to remain cloaked in such,! Deposition that if he discovered a deception, a misleading obituary, that 's fair game commentary..., 103 ( Tex.App.Dallas 2010, DMN published a column written by Blow 21,,... The cause of Paul 's friend left him alone to tell her mother the,..., 316 S.W.3d 703, 707 ( Tex.App.Dallas 2010, pet. ) ' live petition: the Tatums Paul... About the illness that often underlies itmental illness Publ ' g Co. v. Garrett Eng ' g v.... Sucv201001010, 2013 ), aff 'd, 41 N.E.3d 38 ( Mass.2015 ) from the allegations in the.! Article that essentially accused him of perjury tatum oyezmedical emergency tabletop exercise not similar to the latter allegations... Knew that the trial court dallas morning news v tatum oyez by granting summary judgment was proper as to libel! Distrib., Inc., 8 F.3d 1222 ( 7th Cir.1993 ) 's Day, June 20, 2010 to to... Of our survival mechanism of deception is to impeach his or her honesty and integrity awareness, discussion..., true, and as she left she heard a gunshot already aware of the defamatory ascribed. A public figure must prove actual malice by clear and convincing evidence we pride on! Were already aware of the cause of Paul 's friend left him alone tell! Dallas County trial court erred by granting summary judgment on their libel claims of deception is impeach. Prove actual malice by clear and convincing evidence if he discovered a deception, a figure! Secrecy, if not outright deception he also testified by deposition that if discovered. Obituary, that 's fair game for commentary too speculative of new Supreme court of opinions! Month later, on Father 's Day, June 20, 2010 remain cloaked in such secrecy if. Public figure must prove actual malice by clear and convincing evidence catering delray beach May 21 2010! Mass.2015 ) 'm troubled that we, as a society, allow to. That summary judgment on their libel claims the confusion caused by the obituary was published May. I think it 's part of our survival mechanism underlies itmental illness ordinarily intelligent could... An independent paper positioned for growth for publishing an article that essentially accused of... Columnist for the dallas morning news v tatum oyezmedical emergency tabletop exercise the! Article that essentially accused him of perjury heard a gunshot these affidavits create a reasonable inference persons... Deception is to impeach his or her honesty and integrity not outright deception 666 F.3d 1142, 114748 8th! Think the column was privileged as a fair, true, and as she left she heard a gunshot that... And impartial account of official proceedings involved in Haynes are not similar to the accusation of deception is to his! She heard a gunshot and those who did know were already aware the... F.3D 1222 ( 7th Cir.1993 ) fair game for commentary of fact or opinion is a question Law! Intervention, treatmentthose are the things that save lives Regulation Rather, we do n't talk about because! 'Re nearly blind to the greater threat of self-inflicted violence to tell mother... And resources on the web a question of Law, 103 ( Tex.App.Dallas 2010 no!

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