dallas morning news v tatum oyezmedical emergency tabletop exercise. Do you think that might be important for parents to understand? 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. 6. On appeal, the Tatums argue that they (i) are required to prove only negligence because they are not public figures and (ii) produced sufficient evidence of both actual malice and negligence. 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. of Tex., Inc. v. Tex. 051400566CV, 2015 WL 1138258 (Tex.App.Dallas Mar. endstream endobj startxref 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. At issue is. Professional Malpractice & Ethics No. at 58384. Austin v. Inet Techs., Inc., 118 S.W.3d 491, 496 (Tex.App.Dallas 2003, no pet.). dallas morning news v tatum oyezcalculate the number of electrons passing per second dallas morning news v tatum oyez. And those who did know were already aware of the confusion caused by the obituary. Banking We sustain the Tatums' first issue. Prac. Subscribe to Justia's (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.). Employment Law The Tatums timely filed a second notice of appeal. 219 0 obj <>stream Heritage Capital, 436 S.W.3d at 875. See Neely, 418 S.W.3d at 71 ([T]he allegedly defamatory statement cannot be what brought the plaintiff into the public sphere; otherwise, there would be no private figures defamed by media defendants.). The Tatums' live pleading asserted Libel as count 1 and Libel per se as count 2. Julie recently wrote a blog item titled Don't omit from the obit, urging more openness about suicide as a cause of death. Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986). Herald, Inc., No. The column's headline was Shrouding suicide leaves its danger unaddressed. (Emphasis added). Based on the above, we conclude that the expert affidavits are not speculative and the trial court did not err by overruling appellees' objections. Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! West successfully ran for mayor of a Utah town. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. In the ePaper section, you'll find: A digital replica of the print edition to give you all the news you need each day Additional ePaper-only bonus content, including extra comics and puzzles Appellees made objections to the affidavits in the trial court, which the trial court overruled. Neely, 418 S.W.3d at 63. 4. The column was privileged as a fair, true, and impartial account of official proceedings. 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 trial court granted summary judgment for Petitioners. 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 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. Here, the gist of Blows column is that bereaved families often do society a disservice by failing to explicitly mention when suicide is the cause of death, according to the opinion. But a topic is not a public controversy merely because some people are talking about it: A general concern or interest will not suffice. The Supreme Court reversed the summary judgment against Milkovich, explaining the verifiable-as-false test as follows: Foremost, we think Hepps[7] stands for the proposition that a statement on matters of public concern must be provable as false before there can be liability under state defamation law, at least in situations, like the present, where a media defendant is involved. Heritage Capital, 436 S.W.3d at 875. That lawsuit was dismissed, and the Tatums appealed. Injury Law We agree with the Tatums on all three points. Appellees also direct us to Haynes v. Alfred A. Knopf, Inc., 8 F.3d 1222 (7th Cir.1993). In re Lipsky, 460 S.W.3d 579, 593 (Tex.2015) (orig.proceeding). The Tatums purchased a space in the Dallas Morning News to publish an obituary for their son. See Gilbert Tex. 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. In adopting the verifiable as false test in Bentley and Neely, the Texas Supreme Court relied on the United States Supreme Court's decision in Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990). Id. Did you know that almost twice as many people die each year from suicide as from homicide? at 100001. Gacek v. Owens & Minor Distrib., Inc., 666 F.3d 1142, 114748 (8th Cir.2012); Scholz v. Bos. 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. 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. of Tex., Inc., 434 S.W.3d at 15657. dallas morning news v tatum oyezcash cars for sale memphis. On appeal, appellees argue only that the affidavits are too speculative. D Magazine Partners, 2015 WL 5156908, at *7. a. The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. As the Tatums urge, the service they bought was Paul's obituary. According to an opinion from the Texas Supreme Court that reinstated a lower court ruling that favored the Morning News, the Tatums contend their son showed no sign of mental illness or. Personal Injury We are unpersuaded. In addition to their libel claims, the Tatums also asserted DTPA claims against DMN. Before Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill The state Supreme Court saw the column differently. Did appellees establish as a matter of law that the column is privileged as a fair account of official proceedings or as a fair comment on a matter of public concern? Prac. In that case, Milkovich sued Lorain for publishing an article that essentially accused him of perjury. pending). Arbitration & Mediation Our supreme court, however, has embraced the Milkovich verifiability test. Am. The Supreme Court reversed, holding that the columns accusation of deception was reasonably capable of injuring the Tatums standing in the community but that Blows implicit statement that the Tatum acted deceptively was an opinion and thus not actionable. 17.46(b)(24) (West 2011). at 10. 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. The Tatums son shot himself hours after he was involved in a serious car crash in 2010, according to court records. 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. Civil Procedure 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. In D Magazine Partners we said that the supreme court's 2000 Turner opinion suggests that lack of privilege might be an element of a defamation plaintiff's case, while its 2013 Neely opinion indicates that privilege is a defense. 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. & Rem.Code Ann. There is also evidence from which a reasonable factfinder could conclude that Blow had a motive to avoid learning any additional facts about Paul's death. Subscribe https://t.co/MqPw2ZUctn Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). 27.001.011. The evidence shows that DMN published Paul's obituary, and the Tatums do not allege that the obituary itself did not conform to their order. Did the Tatums raise a genuine fact issue that DMN violated 17.46(b)(24)? Appellees' summary judgment motion argued that they conclusively negated the element of actual malice, that the Tatums could produce no evidence of actual malice, and that the Tatums could produce no evidence of negligence if that standard applied. The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). Consumer Law We conclude that there was more than a scintilla of evidence showing more than a mere failure to conduct a reasonable investigation. 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? After the accident, he began sending incoherent text messages to friends. 2015 WL 5156908, at *6 n.6. Neely, however, submitted evidence that he had not actually operated on patients while taking or using dangerous drugs or controlled substances. Appellees, however, cite several cases from other jurisdictions to support their argument that the column's gist is an unverifiable opinion. The Dallas Morning News published the obituary on May 21, 2010. Gaming Law Appellees' contrary argument fails on the first prong we referenced abovethe existence of a public controversy for the Tatums to participate in. There was no evidence of actual malice. denied) (objection that opinions are speculative can be raised for the first time on appeal). Benjamin has a Bachelors in philosophy and a Master's in humanities. The Dallas Morning News is an independent paper positioned for growth. Daily resource for best restaurants in Dallas, recommendations for things to do, local news and commentary on life in Dallas. a. Issue One: Did the trial court err by dismissing the Tatums' libel claims? We do not address this question here, however, because we conclude that the Tatums raised a genuine fact issue regarding falsity even if they bore the burden. We conclude that the Tatums adduced no evidence of this requirement. In this libel-by-implication case, a column written by Steve Blow and published by The Dallas Morning News (collectively, Petitioners) was reasonably capable of meaning that John and Mary Ann Tatum acted deceptively and that the accusation of deception was reasonably capable of defaming the Tatums. To the contrary, the column's tone is generally sober, and it purports to be grounded in factual details such as the circumstances of Pillsbury's and Paul's deaths, data about the prevalence of suicide among young people, and Julie Hersh's public efforts to reduce the shame and stigma surrounding mental illness. at 62 (In this defamation suit involving two physicians, we clarify a longstanding distinction between defamation and defamation per se). 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. In the interest of judicial economy, we consider all grounds presented to the trial court and preserved on appeal. 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.). It does not mention those proceedings, nor does it report any statements or findings made in the course of those proceedings. The Tatums timely responded. There was no evidence that appellees published a statement that was defamatory or that any defamatory statement was of and concerning the Tatums. 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. But I don't think we should feel embarrassment at all. Legal Ethics Anderton v. Cawley, 378 S.W.3d 38, 46 (Tex.App.Dallas 2012, no pet.). 3. Because we see no matching argument in appellees' amended motion for summary judgment, that argument is not properly before us. 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. The Tatums respond to appellees' fair comment privilege theory by arguing that (i) the column is not on a matter of public concern to the extent it concerns them, and (ii) the column is not a fair comment because it is not true. Select your device from the three options below: Smartphone or Tablet Browser Desktop or Laptop Download the free iPad App Public Benefits 7. A defamation plaintiff must prove that the allegedly defamatory statement referred to him or her. Neely, 418 S.W.3d at 70. [1] The Dallas woman first went public with her story of depression and suicide attempts in my column three years ago. Id. Read Tatum v. Dall. 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. But, here he did not attempt to contact the Tatums before publishing the column at issue in this case. Real Estate Law 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. To accuse someone of deception is to impeach his or her honesty and integrity. 497 U.S. at 1921. We agree with the Tatums. 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. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. Although the West court acknowledged and purported to apply the Milkovich analysis, it disregarded Milkovich's conclusions that accusing a person of being a liar or committing perjury can be sufficiently verifiable to constitute an actionable statement of fact rather than a nonactionable opinion. 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." But the Tatums adduced evidence of more than a mere negligent investigation. We long ago stated that it is the settled law of Texas, that a false statement of fact concerning a public officer, even if made in a discussion of matters of public concern, is not privileged as fair comment.. See id. He then called a friend, and their conversation prompted her and her mother to drive to the Tatums' house during the early morning hours of May 18. And the secrecy surrounding suicide leaves us greatly underestimating the danger there. 73.001; Am. Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. View "Dallas Morning News, Inc. v. Tatum" on Justia Law. (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 170 S.W.2d 197, 204 (Tex.1943)). denied), further supports this conclusion. Prac. They're frustrated when obits don't say. 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