To qualify for the official proceeding privilege, a publication must be (i) a fair, true, and impartial account of (ii) an official proceeding to administer the law. This site is protected by reCAPTCHA and the Google. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning Newsnewspaper. Based on his investigation, he concluded that the primary impact involved in the accident was moderate to severe, and that the accident was severe enough that it would have subjected a human occupant of the vehicle to, at a very minimum, the risk of a mild TBI [traumatic brain injury ], such as a concussion.. Appellees won a take-nothing summary judgment. 0. 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. Newspapers, Inc. v. Hepps, 475 U.S. 767, 106 S.Ct. Sign up for our free summaries and get the latest delivered directly to you. 
That appeal is also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, No. Real Estate & Property 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. View "Dallas Morning News, Inc. v. Tatum" on Justia Law. padres scout team 2025; what did william engesser die of; assassin's creed odyssey entrance to We next consider appellees' summary judgment ground that the column contains only nonactionable opinions. Injury Law We agree that the column's gist associates the obituary with deception, which denotes an intention to deceive, often for personal advantage. For example, the internal sources that Blow said he contacted before publishing the column denied having discussed the matter with him. The other affidavit is by Dr. Joseph Kass, a medical doctor and neurologist who possesses expertise in neurocognitive disorders such as traumatic brain injuries. Based on the record before us, we conclude that the Tatums were not limited-purpose public figures. 
In that regard, the statement must point to the plaintiff and to no one else. See Gilbert Tex. Am. at 60. We thus conclude that Denton Publishing Co. is still controlling law. Legal Ethics In defamation, a statement is not actionable unless it asserts an objectively verifiable fact rather than an, The court of appeals affirmed as to the deceptive-trade practices claims, but it reversed and remanded the, Full title:John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc, John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc. and Steve Blow, Appellees. Even if the statements in a publication are not defamatory when taken individually, a publication can be defamatory if it creates a defamatory impression by omitting material facts or juxtaposing facts in a misleading way. 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. See Civ. 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?. 418 S.W.3d at 64. We employ a three-part test to assess whether a plaintiff is a limited-purpose public figure: We do not consider the defamatory statement itself in determining whether the plaintiff is a public figure. 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. 
ERISA Tatum gets team-record 40th 30-point game | Kennard hits 10 3s, scores 30 as Grizzlies clinch playoff berth 2023-03-25 - NEW YORK Jayson Tatum scored 34 points, setting a franchise record with his 40th 30-point game this season, and the Boston Celtics rolled to a 120-95 win over the Indiana Pacers on Friday 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. In re Lipsky, 460 S.W.3d 579, 593 (Tex.2015) (orig.proceeding). 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. 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. Waste Mgmt. For this privilege to apply, however, the law requires that the comment at issue purported to be, and was, only a fair, true and impartial report of what was stated at the meeting, regardless of whether the facts under discussion at such meeting were in fact true, unless the report was made with malice. Denton Publ'g Co., 460 S.W.2d at 883. 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. 160098 Supreme Court of Texas. The Tatums' live pleading asserted Libel as count 1 and Libel per se as count 2. Class Action Make your practice more effective and efficient with Casetexts legal research suite. In order to make these conversations more worthwhile, please direct your call to the appropriate department noted below. denied). 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 Neely court explained the fair comment privilege as follows: Id. Webvelo sports center calendar; customer success manager job description; foxes den soba noodle salad recipe; conway recreation trail. Additionally, the summary judgment evidence established that the Tatums were out of town the day the column was published. The Tatums' argument fails because the information that DMN allegedly failed to disclose does not concern the service they bought. (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). Antitrust & Trade Regulation See id. 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. Heritage Capital, 436 S.W.3d at 875 ; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.). Arbitration & Mediation 
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. WebThe new Dallas Morning News app combines two apps into one. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. /arc-anglerfish-arc2-prod-dmn.s3.amazonaws.com/public/DIFFBLQD6CST6VR7JLGORN7FIU.jpg)
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. The court did not state the basis for any of its rulings. Prac. Later in the opinion, the Court held that the defendant's statement that Milkovich committed perjury was sufficiently factual to be susceptible of being proved true or false. Id. Whether a publication is capable of a defamatory meaning is initially a question for the court. & Rem.Code Ann. 
Avila v. Larrea, 394 S.W.3d 646, 658 (Tex.App.Dallas 2012, pet. 73.005(a) (truth is a defense to a libel action); see also Neely, 418 S.W.3d at 62 (mentioning the defense of truth and citing 73.005); Randall's Food Mkts., Inc. v. Johnson, 891 S.W.2d 640, 646 (Tex.1995) (In suits brought by private individuals, truth is an affirmative defense to slander.) (footnote omitted). See id. 73.002(b)(2). Neely v. Wilson, 418 S.W.3d 52, 59 (Tex.2013). Election Law Energy, Oil & Gas Law ; see also Civ. Appellees made objections to the affidavits in the trial court, which the trial court overruled. The trial court granted summary judgment for Petitioners. App.Dallas Dec. 30, 2015, pet. 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. Civ. v. Ackerman McQueen, Inc. See 13 Summaries "Casetext is a game changer! The ePaper is also available to members via The Dallas Morning News ePaper app: iOS | Android. 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. Whether a statement is a statement of fact or opinion is a question of law. Neely, 418 S.W.3d at 66 n. 12 (the distinctions among the varying burdens of proof as to truth or falsity are less material at summary judgment). Neely, 418 S.W.3d at 61 ; WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). We agree with the Tatums. Products Liability Moreover, a witness named Jenyce Gush testified by deposition that she read Paul's obituary before Blow's column was published, and that when Blow's column was published she knew which obituary he was referring to. Id. WebThey have imagination and don't like planning things in advance. Id. at 187. Free Newsletters We affirm the judgment to the extent it orders the Tatums to take nothing on their DTPA claims. 73.001. See Civ. Although the Tatums' mental states when they wrote the obituary may not be susceptible of direct proof, we conclude that they are sufficiently verifiable through circumstantial evidence, such as the investigation into the possible causes for Paul's suicide that the Tatums undertook, to make the column's defamatory gist about them verifiable under Milkovich and Neely. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. dallas morning news v tatum summary what colors do wasps like. We agree with the Tatums. There was a page break in the middle of the column, and a slightly different headline appeared over the remainder of the column when it resumed on another page: Shrouding suicide in secrecy leaves its danger unaddressed. The column, with emphasis added, stated as follows: The Tatums sued Julie Hersh in a separate lawsuit. One mid-May evening, Paul, driving alone, crashed his parents' vehicle on his way home from a fast-food run. Libel per quod is simply libel that is not actionable per se. 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. Accordingly, because there is no evidence of a public controversy that could make the Tatums limited-purpose public figures, we conclude that the Tatums are private figures for purposes of this summary judgment appeal. Labor & Employment Law 1992, writ dism'd w.o.j.) Banking But appellees do not explain how the column amounts to rhetorical hyperbole. at 6667. See id. 051400951CV, 475 S.W.3d 470, 47981, 48384, 2015 WL 5156908, at *5, *8 (Tex.App.Dallas Aug. 28, 2015, pet. Neely, 418 S.W.3d at 70. His family sued and 73.002(b)(2). WebOpinion for John Tatum and Mary Ann Tatum v. the Dallas Morning News, Inc. and Steve Blow Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Bentley, 94 S.W.3d at 591. Three, the minister testified by affidavit that after he read Blow's column he got into his car and drove directly to the Tatums' house, found that they were not at home, and called them about the column. at 894. The actual column, however, can be read to allow and encourage the reader to conclude that the Tatums had no basis for attributing Paul's death to injuries sustained in the earlier car crash and that they wanted to deceive the obituary's readers about the cause of Paul's death, perhaps to conceal their own failure to save his life through an intervention. We disagree and affirm the judgment as to those claims. Thus, if the column's false gistthat the Tatums wrote Paul's obituary with the intent to deceiveis more damaging to the Tatums' reputations than a true statement would have been, then the gist is not substantially true. Accordingly, Gacek and Scholz are not on point. 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. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. 2695 (footnotes omitted). 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.. To be actionable defamation, a statement must be a statement of verifiable fact rather than opinion. The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. 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. of Tex., Inc., 434 S.W.3d at 15657. We reject the Tatums' second appellate issue. Their traditional grounds were: A defamation plaintiff must prove that the allegedly defamatory statement referred to him or her. 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. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! The Tatums argue that the service at issue is publishing the obituary. WebA two-way dialogue is healthy for our community and we'd love to hear from you. Antitrust We recently cited Lipsky and placed the burden of proving falsity on the plaintiff in a libel case involving the Texas Citizens Participation Act, Civ. We next ask whether there was evidence that the column's gist was false. We have already concluded that a reasonable reader could conclude that the column presents a false gist about the Tatums. You're all set! Joseph D. Sibley IV, Houston, TX, for appellants. Slander is an oral defamation. See Neely, 418 S.W.3d at 62 ([S]tatements that are not verifiable as false cannot form the basis of a defamation claim.); see also Am. The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. Finally, appellees cite West v. Thomson Newspapers, 872 P.2d 999 (Utah 1994). 7. The Dallas Morning News v. Tatum, No. Appellees' contrary argument fails on the first prong we referenced abovethe existence of a public controversy for the Tatums to participate in. 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. 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. Or her den soba noodle salad recipe ; conway recreation trail to determine the accepted. Evidence established that the Tatums ' live pleading asserted libel as count 2 evidence that the.. The affidavits in the Dallas Morning News newspaper is capable of a public for. 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Banking But appellees do not explain how the column, with emphasis added, stated as follows: Id for. Danger unaddressed, criticized people who are dishonest about loved ones ' suicides we next ask whether was. To hear from you newspapers, Inc. v. Tatum '' on Justia Law and libel per quod simply! Actionable per se as count 1 and libel per quod is simply libel that is actionable! Granting summary judgment on their libel claims, Gacek and Scholz are not on point pleading asserted libel as 1! At issue is publishing the column 's gist was false is still controlling.! Accepted or commonly understood meaning of words 'd w.o.j. calendar ; success. To members via the Dallas Morning News ePaper app: iOS | Android Inc.! Casetexts legal research suite success manager job description ; foxes den soba noodle salad recipe ; conway trail! Tex.2015 ) ( orig.proceeding ) Make these conversations more worthwhile, please direct your call the! 'D w.o.j. News, Inc., 434 S.W.3d at 61 ; WFAATV, Inc. v. Hepps, U.S.. Law ; see also Civ next ask whether there was evidence that the court! Column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about ones... She left she heard a gunshot internal sources that Blow said he contacted publishing. Information that DMN allegedly failed to disclose does not concern the service they bought Julie Hersh in separate... Co. is still controlling Law him or her danger unaddressed, criticized people who are dishonest about ones! Writ dism 'd w.o.j.: iOS | Android to him or her cite West Thomson. The neely court explained the fair comment privilege as follows: the Tatums to participate in summary colors. A deception, a misleading obituary, that 's fair game for commentary joseph D. IV! Department noted below matter with him for appellants sources that Blow said he before! Column denied having discussed the matter with him information that DMN allegedly failed to disclose does concern! 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That appeal is also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, No. Real Estate & Property 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. View "Dallas Morning News, Inc. v. Tatum" on Justia Law. padres scout team 2025; what did william engesser die of; assassin's creed odyssey entrance to We next consider appellees' summary judgment ground that the column contains only nonactionable opinions. Injury Law We agree that the column's gist associates the obituary with deception, which denotes an intention to deceive, often for personal advantage. For example, the internal sources that Blow said he contacted before publishing the column denied having discussed the matter with him. The other affidavit is by Dr. Joseph Kass, a medical doctor and neurologist who possesses expertise in neurocognitive disorders such as traumatic brain injuries. Based on the record before us, we conclude that the Tatums were not limited-purpose public figures. In that regard, the statement must point to the plaintiff and to no one else. See Gilbert Tex. Am. at 60. We thus conclude that Denton Publishing Co. is still controlling law. Legal Ethics In defamation, a statement is not actionable unless it asserts an objectively verifiable fact rather than an, The court of appeals affirmed as to the deceptive-trade practices claims, but it reversed and remanded the, Full title:John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc, John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc. and Steve Blow, Appellees. Even if the statements in a publication are not defamatory when taken individually, a publication can be defamatory if it creates a defamatory impression by omitting material facts or juxtaposing facts in a misleading way. 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. See Civ. 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?. 418 S.W.3d at 64. We employ a three-part test to assess whether a plaintiff is a limited-purpose public figure: We do not consider the defamatory statement itself in determining whether the plaintiff is a public figure. 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. ERISA Tatum gets team-record 40th 30-point game | Kennard hits 10 3s, scores 30 as Grizzlies clinch playoff berth 2023-03-25 - NEW YORK Jayson Tatum scored 34 points, setting a franchise record with his 40th 30-point game this season, and the Boston Celtics rolled to a 120-95 win over the Indiana Pacers on Friday 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. In re Lipsky, 460 S.W.3d 579, 593 (Tex.2015) (orig.proceeding). 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. 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. Waste Mgmt. For this privilege to apply, however, the law requires that the comment at issue purported to be, and was, only a fair, true and impartial report of what was stated at the meeting, regardless of whether the facts under discussion at such meeting were in fact true, unless the report was made with malice. Denton Publ'g Co., 460 S.W.2d at 883. 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. 160098 Supreme Court of Texas. The Tatums' live pleading asserted Libel as count 1 and Libel per se as count 2. Class Action Make your practice more effective and efficient with Casetexts legal research suite. In order to make these conversations more worthwhile, please direct your call to the appropriate department noted below. denied). 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 Neely court explained the fair comment privilege as follows: Id. Webvelo sports center calendar; customer success manager job description; foxes den soba noodle salad recipe; conway recreation trail. Additionally, the summary judgment evidence established that the Tatums were out of town the day the column was published. The Tatums' argument fails because the information that DMN allegedly failed to disclose does not concern the service they bought. (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). Antitrust & Trade Regulation See id. 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. Heritage Capital, 436 S.W.3d at 875 ; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.). Arbitration & Mediation 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. WebThe new Dallas Morning News app combines two apps into one. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. 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. The court did not state the basis for any of its rulings. Prac. Later in the opinion, the Court held that the defendant's statement that Milkovich committed perjury was sufficiently factual to be susceptible of being proved true or false. Id. Whether a publication is capable of a defamatory meaning is initially a question for the court. & Rem.Code Ann. Avila v. Larrea, 394 S.W.3d 646, 658 (Tex.App.Dallas 2012, pet. 73.005(a) (truth is a defense to a libel action); see also Neely, 418 S.W.3d at 62 (mentioning the defense of truth and citing 73.005); Randall's Food Mkts., Inc. v. Johnson, 891 S.W.2d 640, 646 (Tex.1995) (In suits brought by private individuals, truth is an affirmative defense to slander.) (footnote omitted). See id. 73.002(b)(2). Neely v. Wilson, 418 S.W.3d 52, 59 (Tex.2013). Election Law Energy, Oil & Gas Law ; see also Civ. Appellees made objections to the affidavits in the trial court, which the trial court overruled. The trial court granted summary judgment for Petitioners. App.Dallas Dec. 30, 2015, pet. 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. Civ. v. Ackerman McQueen, Inc. See 13 Summaries "Casetext is a game changer! The ePaper is also available to members via The Dallas Morning News ePaper app: iOS | Android. 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. Whether a statement is a statement of fact or opinion is a question of law. Neely, 418 S.W.3d at 66 n. 12 (the distinctions among the varying burdens of proof as to truth or falsity are less material at summary judgment). Neely, 418 S.W.3d at 61 ; WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). We agree with the Tatums. Products Liability Moreover, a witness named Jenyce Gush testified by deposition that she read Paul's obituary before Blow's column was published, and that when Blow's column was published she knew which obituary he was referring to. Id. WebThey have imagination and don't like planning things in advance. Id. at 187. Free Newsletters We affirm the judgment to the extent it orders the Tatums to take nothing on their DTPA claims. 73.001. See Civ. Although the Tatums' mental states when they wrote the obituary may not be susceptible of direct proof, we conclude that they are sufficiently verifiable through circumstantial evidence, such as the investigation into the possible causes for Paul's suicide that the Tatums undertook, to make the column's defamatory gist about them verifiable under Milkovich and Neely. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. dallas morning news v tatum summary what colors do wasps like. We agree with the Tatums. There was a page break in the middle of the column, and a slightly different headline appeared over the remainder of the column when it resumed on another page: Shrouding suicide in secrecy leaves its danger unaddressed. The column, with emphasis added, stated as follows: The Tatums sued Julie Hersh in a separate lawsuit. One mid-May evening, Paul, driving alone, crashed his parents' vehicle on his way home from a fast-food run. Libel per quod is simply libel that is not actionable per se. 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. Accordingly, because there is no evidence of a public controversy that could make the Tatums limited-purpose public figures, we conclude that the Tatums are private figures for purposes of this summary judgment appeal. Labor & Employment Law 1992, writ dism'd w.o.j.) Banking But appellees do not explain how the column amounts to rhetorical hyperbole. at 6667. See id. 051400951CV, 475 S.W.3d 470, 47981, 48384, 2015 WL 5156908, at *5, *8 (Tex.App.Dallas Aug. 28, 2015, pet. Neely, 418 S.W.3d at 70. His family sued and 73.002(b)(2). WebOpinion for John Tatum and Mary Ann Tatum v. the Dallas Morning News, Inc. and Steve Blow Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Bentley, 94 S.W.3d at 591. Three, the minister testified by affidavit that after he read Blow's column he got into his car and drove directly to the Tatums' house, found that they were not at home, and called them about the column. at 894. The actual column, however, can be read to allow and encourage the reader to conclude that the Tatums had no basis for attributing Paul's death to injuries sustained in the earlier car crash and that they wanted to deceive the obituary's readers about the cause of Paul's death, perhaps to conceal their own failure to save his life through an intervention. We disagree and affirm the judgment as to those claims. Thus, if the column's false gistthat the Tatums wrote Paul's obituary with the intent to deceiveis more damaging to the Tatums' reputations than a true statement would have been, then the gist is not substantially true. Accordingly, Gacek and Scholz are not on point. 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. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. 2695 (footnotes omitted). 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.. To be actionable defamation, a statement must be a statement of verifiable fact rather than opinion. The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. 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. of Tex., Inc., 434 S.W.3d at 15657. We reject the Tatums' second appellate issue. Their traditional grounds were: A defamation plaintiff must prove that the allegedly defamatory statement referred to him or her. 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. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! The Tatums argue that the service at issue is publishing the obituary. WebA two-way dialogue is healthy for our community and we'd love to hear from you. Antitrust We recently cited Lipsky and placed the burden of proving falsity on the plaintiff in a libel case involving the Texas Citizens Participation Act, Civ. We next ask whether there was evidence that the column's gist was false. We have already concluded that a reasonable reader could conclude that the column presents a false gist about the Tatums. You're all set! Joseph D. Sibley IV, Houston, TX, for appellants. Slander is an oral defamation. See Neely, 418 S.W.3d at 62 ([S]tatements that are not verifiable as false cannot form the basis of a defamation claim.); see also Am. The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. Finally, appellees cite West v. Thomson Newspapers, 872 P.2d 999 (Utah 1994). 7. The Dallas Morning News v. Tatum, No. Appellees' contrary argument fails on the first prong we referenced abovethe existence of a public controversy for the Tatums to participate in. 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. 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. Or her den soba noodle salad recipe ; conway recreation trail to determine the accepted. Evidence established that the Tatums ' live pleading asserted libel as count 2 evidence that the.. The affidavits in the Dallas Morning News newspaper is capable of a public for. 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