V. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, Appellees . at 1020. 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 next ask whether there was evidence that the column's gist was false. 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Turner, 38 S.W.3d at 115. 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. Government & Administrative Law 1. But the standards governing the law of defamation are not among them. We agree with the Tatums. The new Dallas Morning News app combines two apps into one. 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). Prac. The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. For the reasons discussed below, we conclude that they did. Id. Specifically, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering. 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. 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. 16-0098 Supreme Court of Texas May 11, 2018. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. 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. 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. More than 1,000 people attended Paul's funeral. 186 0 obj <> endobj 17.46(b)(24); see also Brennan v. Manning, No. at 122627. %PDF-1.5 % at 1019. 0 The Tatums argue that there was, focusing specifically on the intent that the word deception implies. 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. of Tex., Inc., 434 S.W.3d at 15657. Accordingly we affirm in part, reverse in part, and remand the case to the trial court for further proceedings consistent with this opinion. 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. Criminal Law Admiralty & Maritime Law Construction Law He was an excellent and popular student, an outstanding athlete, and had no history of mental illness. denied), further supports this conclusion. 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. 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. 7. The Dallas Morning News is an independent paper positioned for growth. When art expert Ted Pillsbury died in March, his company said he suffered an apparent heart attack on a country road in Kaufman County. Juvenile Law Bentley, 94 S.W.3d at 591 (footnotes omitted). 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. 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). Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006). On appeal, appellees argue only that the affidavits are too speculative. 497 U.S. at 1921. Id. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. Anderton v. Cawley, 378 S.W.3d 38, 46 (Tex.App.Dallas 2012, no pet.). That question remains to be decided by the factfinder. & Com.Code Ann. Id. Rhetorical hyperbole is extravagant exaggeration employed for rhetorical effect. (describing general-purpose public figures as those who have achieved such pervasive fame or notoriety as to be public figures for all purposes). In Tatum v. The Dallas Morning News, Inc., No. 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.). The court also dismissed DMN's counterclaim with prejudice. Health Law One month later, on Father's Day, June 20, 2010, DMN published a column written by Blow. Constitutional Law The column then implies that the obituary's reference to the cause of Paul's death was false by saying, There was a car crash, all right, but death came from a self-inflicted gunshot wound in a time of remorse afterward. Almost immediately after describing Paul's suicide, the column states, I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. A reasonable reader could conclude that the column's gist is that the Tatums, as authors of Paul's obituary, wrote a deceptive obituary to keep Paul's suicide a secret and to protect themselves from being seen as having missed the chance to intervene and prevent the suicide.5. Id. That appeal is also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, No. c.Was the column's gist substantially true? at 187. View "Dallas Morning News, Inc. v. Tatum" on Justia Law. 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. See id. Environmental Law The column (i) uses the word deception, (ii) juxtaposes the discussion of Paul's suicide and obituary with the story of the fabrication after Ted Pillsbury's suicide, and (iii) juxtaposes the discussion of Paul's suicide and obituary with advocacy regarding secrecy, suicide, and the need for honesty and intervention. Stay up-to-date with how the law affects your life. 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. Are the column's statements about the Tatums nonactionable opinions? Contracts I'm told there was a time when the word cancer was never mentioned. Thus, they must prove only negligence to recover compensatory damages. See id. To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. Products Liability 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. Did the Tatums raise a genuine fact issue regarding whether the column was neither true nor substantially true? Apply Here In addition to their libel claims, the Tatums also asserted DTPA claims against DMN. 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. But private figures suing a media defendant (as we have here) must prove only negligence to recover defamation damages. 8. Id. Redirecting to https://www.si.com/nfl/cowboys/news/dallas-cowboys-cut-move-dallas-cowboys-reveal-tyron-smith-contract-plan-change The summary judgment evidence conflicts on certain points regarding the newspaper's investigation into Paul's death and the manner in which Blow learned about the immediate cause of Paul's death. In 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 Whether a publication is capable of a defamatory meaning is initially a question for the court. 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. at 60. Plaintiffs sued Defendant for intentional infliction of emotional distress (IIED), claiming that Defendant exploited the tragedy of their son's death by encouraging the criticism of their son's obituary. at 6364. 73.002(b)(2). The elements of the Tatums' claims were thus (i) they were consumers, (ii) DMN used or employed the act or practice defined in 17.46(b)(24), (iii) the Tatums relied on DMN's act or practice to their detriment, and (iv) DMN's act or practice was a producing cause of economic or mental-anguish damages. 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." 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. 27.001.011. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. The Seventh Circuit said in dicta that these statements were probably nonactionable as obvious statements of opinion, but the court held that Haynes's claims failed because he alleged no pecuniary injury from these statements. Appellees filed a traditional and no-evidence summary judgment motion. D Magazine Partners, 2015 WL 5156908, at *7. a. Steve Blow is a columnist for The Dallas Morning News. 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. Appellees also argue that there is no evidence to support the Tatums' theory that a brain injury made Paul suicidal. at 6768. Transportation Law at 571; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 (Tex.App.Houston [1st Dist.] Obituaries Section. denied) (objection that opinions are speculative can be raised for the first time on appeal). 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. at *4. Ironically, the first person I knew to die of AIDS was said to have cancer. Accordingly, the court held that the columns were nonactionable opinions. 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. 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. Viewed in the light most favorable to the Tatums, the evidence raised a genuine issue of material fact as to the actual malice element. On that occasion, he said, he attempted to contact the author of one of the obituaries. Nevertheless, the Milkovich Court concluded that calling someone a liar and accusing someone of perjury are both sufficiently verifiable to support a defamation claim. 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. 73.002(b)(1)(B). Antitrust It has received nine Pulitzer Prizes since 1986, as well. I think it's part of our survival mechanism. The account about Pillsbury states that his company fabricated reports that Pillsbury had suffered a heart attack when actually he had shot himself to death. We disagree. hb```f``ra`a``b`@ r`@([E,X42+r3gpxp~bgecfag^l|%Y>6ZQSkGX{3`e.eVdXVPx\f;nx2_WaL) CpUR L@E QF 8+PH\~9 SY/01.dep|CG}jn@ Lkc |F | News | Dallas Morning News 7848 News In this Section: Public Safety Weather Politics Crime Transportation Man accused of stealing earthquake donations from Flower Mound mosque arrested. DMN asserted the following traditional summary judgment grounds against the Tatums' DTPA claims: DMN did not commit a false, misleading, or deceptive act that the Tatums relied on. b. denied). 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. Real Estate Law Am. 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Recover defamation damages, criticized people who are dishonest about loved ones ' suicides that remains! To support the Tatums raise a genuine fact issue regarding whether the column 's was... Affidavits are too speculative Inc., 434 S.W.3d at 15657 achieved such pervasive fame or notoriety as to be figures! It has received nine Pulitzer Prizes since 1986, as well columns were nonactionable opinions DTPA!
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