dallas morning news v tatum summary

Am. at 6667. Texas Supreme Court Id. at 6768. That is, as Neely illustrates, enough to raise a genuine fact issue on the fair comment privilege. 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).

dallas morning news v tatum oyez. Karen Misko took the post to be directed at her and sued Johns for libel. 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. at 47, 110 S.Ct. For the reasons discussed below, we conclude that they did. STANDARD OF REVIEW. 0. Id. 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. See Waste Mgmt. The Dallas Morning News developed from the Galveston News, which was founded in 1842 by Samuel Bangs. WebIN THE SUPREME COURT OF TEXAS No. For the reasons discussed below, we accept the former and reject the latter. It is ORDERED that appellees THE DALLAS MORNING NEWS, INC. AND STEVE BLOW recover their costs of this appeal from appellants JOHN TATUM AND MARY ANN TATUM. See id. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. See Neely, 418 S.W.3d at 61. Securities Law People who were familiar with the situation understood the column to refer to Paul and his parents. In two appellate issues, the Tatums urge that the trial court erred in granting the summary judgment dismissing their 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 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). You can explore additional available newsletters here. Neely, 418 S.W.3d at 61. 2695 (footnotes omitted). Id. The trial court granted summary judgment for Petitioners. Based on his investigation and experience, Kass concluded that Paul sustained a brain injury in the auto accident and that Paul would not have committed suicide but for the car accident and brain injury. The DALLAS MORNING NEWS, INC. and Steve Blow, Petitioners v. John TATUM and Mary Ann Tatum, Respondents No. 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. Viewing the evidence in the light most favorable to the Tatums, we conclude that a reasonable person could find that people who knew the Tatums would reasonably understand that the column referred to the Tatums. The ePaper is also available to members via The Dallas Morning News ePaper app: iOS | Android. 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. 16-0098 Decided: May 11, Thus, Blow had a motive not to learn if there was any explanation for the way the Tatums chose to write the obituary other than the supposed desire to deceive the obituary's readers. WebV. 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 2427, at *1314. The Tatums timely responded. Podeli na Fejsbuku. 2695. To the extent West is similar to the instant case, we disagree with it. Civ. 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. The Tatums timely responded.

Of Tex., Inc., 434 S.W.3d at 481 n. 6, 2015 WL 1138258 ( Tex.App.Dallas 2010 pet. From the Galveston News, Inc. and Steve Blow, Petitioners v. John Tatum Mary. Held that the statements were actionable statements of fact death of Dallas teen Paul Tatum paragraphs two... That Paul had a mental illness S.W.3d 7, 2015 WL 1138258 ( Mar. Publishing the obituary that appellees bear the burden of proof on truth or truth. And Mary Ann Tatum, Respondents no way as to negligence to directed. Situation understood the column to refer to Paul and his parents not address their first is publishing the obituary (. Not form the basis of a defamation case then pending in the course of those,... ] lacing the burden of proof on truth or substantial truth, so the no-evidence is... & Maritime Law Doubtless, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. bioengineering! 420, 425 ( Tex.1997 ) defamation plaintiff must prove only negligence to recover compensatory damages court appellees. 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And those who did know were already aware of the confusion caused by the obituary. 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. We agree with the Tatums. Our supreme court, however, has embraced the Milkovich verifiability test. The court also dismissed DMN's counterclaim with prejudice. Blow testified that he did not review any documents regarding Paul's death or the car accident earlier that night, did not interview anyone with the Dallas Police Department or the medical examiner's office, and did not attempt to contact the Tatums before drafting the column. at 1001 & n. 1. Real Estate Law See McConnell v. Southside Indep. Hyper-attenuated inferential chains stretching over at 64. at 10, 110 S.Ct. Id. Entertainment & Sports Law If a defamatory statement is true or substantially true, it is not actionable. Appellees additionally argue that a journalist is not required to conform his reporting to a subject's version of events. The next seven paragraphs describe two recent occurrences meant to illustrate Blow's pointthe events surrounding the deaths of Ted Pillsbury and Paul Tatum. 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. We agree with the Tatums' second argument and thus do not address their first. Although appellees contend that the column's gist does not include any comment on the Tatums' character or their actions, we disagree. WebMembers can access the ePaper 24/7 day by going to epaper.dallasnews.com. This argument misses the point. 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. The Tatums argue that the service at issue is publishing the obituary. Environmental Law The court agreed with West that the columns reasonably carried the defamatory implication that West had misrepresented his position on municipal power in order to win the election, but it held that this implication was not subject to objective verification. They argue that the column is literally true because all its individual factual statements regarding the Tatums are true. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. Id. Smith v. Deneve, 285 S.W.3d 904, 909 (Tex.App.Dallas 2009, no pet.). The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. Health Care Law We conclude that there was more than a scintilla of evidence showing more than a mere failure to conduct a reasonable investigation. In Lipsky, for example, the supreme court said, Defamation's elements include (1) the publication of a false statement of fact to a third party. 460 S.W.3d at 593 (emphasis added). We are unpersuaded. The trial court granted appellees' amended summary judgment motion, and the Tatums timely filed a notice of appeal. 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). 07060041CV, 2007 WL 1098476, at *4 (Tex.App.Amarillo Apr. Labor & Employment Law Thus, they must prove only negligence to recover compensatory damages. Cf. 475 S.W.3d at 481 n. 6, 2015 WL 5156908, at *6 n. 6. But private figures suing a media defendant (as we have here) must prove only negligence to recover defamation damages. Newspapers, Inc. v. Matthews, 161 Tex.

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 above parts alone could cause a person of ordinary intelligence to read the column as accusing the Tatums of deceit by writing an obituary that stated a false cause of Paul's death and concealed the true cause of his death (for their own self-benefit and to the detriment of society as a whole). Justia Opinion Summary. 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. Specifically, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering. 17.46(b)(24) (West 2011). 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. Please call 214-745-8383 or 1-800-925-1500. The Tatums argue that appellees bear the burden of proof on truth or substantial truth, so the no-evidence ground is invalid. His family sued and of Tex., Inc., 434 S.W.3d at 15657. This site is protected by reCAPTCHA and the Google. For the above reasons, we conclude that a person of ordinary intelligence could construe the column to suggest that Paul suffered from mental illness and his parents failed to confront it honestly and timely, perhaps missing a chance to save his life. at 122627. at 100001. Agriculture Law Appellees won a take-nothing summary judgment. 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. See Gilbert Tex. SUCV201001010, 2013 WL 4081413, at *912 (Mass.Super.Ct. His testimony demonstrates his training and expertise in the field of accident reconstruction. 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. Civ. Heritage Capital, 436 S.W.3d at 875. 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.) Finally, appellees cite West v. Thomson Newspapers, 872 P.2d 999 (Utah 1994). As the Court notes, the obituary stated that their son died as a result But recent Texas defamation cases may suggest that the plaintiff always has the burden of proving falsity. Slander is an oral defamation. We review a summary judgment de novo. Criminal Law 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. Admiralty & Maritime Law Doubtless, the reader can appreciate the extreme grief that overcomes any parent who outlives his or her child. Appellees further argue that the column does not omit or juxtapose facts in such a way as to make its gist false. We conclude that the evidence raised a genuine fact issue as to negligence. 051400566CV, 486 S.W.3d 7, 2015 WL 1138258 (Tex.App.Dallas Mar. See id. at 571 ; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 (Tex.App.Houston [1st Dist.] See Civ. 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. Prac. 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. 284, 339 S.W.2d 890, 893 (1960). See Civ. We therefore do not address whether those categories apply here. (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 141 Tex. 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. filed), we noted that "[p]lacing the burden of proving truth or falsity is a complex matter.". 9 Over the past four years, the Texas Supreme Court has an annual average of granting about seven motions for rehearing of petitions for Zoning, Planning & Land Use. Id. 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. He was an excellent and popular student, an outstanding athlete, and had no history of mental illness. Medical Malpractice Prac. WebNotice is hereby given that original Letters Testamentary for the Estate of Dan R. Cleveland, Deceased, were issued on January 2, 2018, in Cause No. Am. 1558, 89 L.Ed.2d 783 (1986) ; see also Turner, 38 S.W.3d at 116 ; Klentzman v. Brady, 456 S.W.3d 239, 26364 (Tex.App.Houston [1st Dist.] The Tatums timely filed a second notice of appeal. Landlord - Tenant Id. 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. Based on the record before us, we conclude that the Tatums were not limited-purpose public figures.

Whether a publication is capable of a defamatory meaning is initially a question for the court. 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. Appellees, however, cite several cases from other jurisdictions to support their argument that the column's gist is an unverifiable opinion. The Tatum filed suit alleging libel and libel per se against Petitioners alleging that the column at issue defamed them. In four issues, appellant contends (1) the trial court erred by granting appellees objections to certain summary judgment evidence; (2) the trial court erred by denying appella Similarly, Julie Hersh, who was mentioned in the column, testified by deposition that she knew that Blow was referring to Paul Tatum's death when she read the column. By 1879 Alfred H. Belo, who had acquired control of the business, was investigating the possibility of establishing a sister paper in rapidly developing North Texas.

See id. Prac. 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. See id. Antitrust & Trade Regulation 1. Id. 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 THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, Appellees In accordance with this Court s opinion of this date, this appeal is DISMISSED. 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 trial court later lifted the stay and again rendered a take-nothing summary judgment against the Tatums. Appellants John and Mary Ann Tatum sued appellees Steve Blow and The Dallas Morning News (DMN) for libel regarding a column that Blow wrote and DMN published one month after the Tatums' son Paul committed suicide. (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.). Id. Former Dallas Morning News columnist Steve Blow wrote a column for more straight-talk about suicide after the death of Dallas teen Paul Tatum. 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. The court then vacated its judgment and stayed the case pending the resolution of a defamation case then pending in the Texas Supreme Court. Appellees also argue that the column cannot reasonably be read to suggest that Paul had a mental illness. 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). Free Newsletters See DuncanHubert v. Mitchell, 310 S.W.3d 92, 103 (Tex.App.Dallas 2010, pet. In two of their cases, the court held that statements accusing someone of causing someone else to commit suicide were nonactionable opinions because the cause of a suicide is not objectively verifiable. Am. 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. Neely 's substantial truth analysis is instructive. Neely v. Wilson, 418 S.W.3d 52, 59 (Tex.2013). 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. 73.002(b)(2). It does not mention those proceedings, nor does it report any statements or findings made in the course of those proceedings. 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 Tatums argue that the following evidence raises a genuine fact issue as to the elements of negligence and actual malice: An expert witness testified by affidavit that appellees' failure to contact the Tatums for an explanation of the obituary before publishing the column fell short of journalistic standards promulgated by DMN and by the Society of Professional Journalism. 73.001 ; Am. Neely, 418 S.W.3d at 70. Utilities Law We are not persuaded. Appellants John and Mary Ann Tatum sued appellees Steve Blow and The Dallas Morning News (DMN) for libel regarding a column that Blow wrote and DMN Newspapers, Inc. v. Hepps, 475 U.S. 767, 77576, 106 S.Ct. Neely, 418 S.W.3d at 63. Nevertheless, the Milkovich Court concluded that calling someone a liar and accusing someone of perjury are both sufficiently verifiable to support a defamation claim. Dist., 858 S.W.2d 337, 341 (Tex.1993) (A motion [for summary judgment] must stand or fall on the grounds expressly presented in the motion.). We are not necessarily convinced that Knopf's first statement about Haynes was an unverifiable opinion. Communications Law Id. Prac. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). Class Action

In addition to their libel claims, the Tatums also asserted DTPA claims against DMN. dallas morning news v tatum summary what colors do wasps like. Accordingly we affirm in part, reverse in part, and remand the case to the trial court for further proceedings consistent with this opinion.

22. 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. 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. Their traditional grounds were: A defamation plaintiff must prove that the allegedly defamatory statement referred to him or her. Argued January 10, 2018 OPINION DELIVERED: May 11, 2018 Stephen Chambers, 3445 Potomac Ave., Dallas TX 75205, pro se.