Appellees also argue that the column cannot reasonably be read to suggest that Paul had a mental illness. 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) Id. Our decision in Backes v. Misko, No. 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. We therefore do not address whether those categories apply here. In the present case, the column's implicit assertion that the Tatums committed deception is similaran accusation that the Tatums willfully wrote a misleading obituary for the purpose of deceiving readers, possibly to protect themselves from suspicion of being negligent or inattentive parents. Neely, 418 S.W.3d at 61. 17.46(b)(24) (West 2011). In addition to their libel claims, the Tatums also asserted DTPA claims against DMN. 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. Nonetheless, the Tatums filed affidavits by two experts. 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. Steve Blow is a columnist for The Dallas Morning News. Id. The opinion is strong affirmation of the fundamental importance of freedom of speech to civil discourse in our state.". Our work has been recognized with nine Pulitzer Priz Location & Hours 1954 Commerce St Dallas, TX 75201 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. at 6667. Accordingly we affirm in part, reverse in part, and remand the case to the trial court for further proceedings consistent with this opinion. 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. at *5. 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. dallas morning news v tatum oyezmedical emergency tabletop exercise. Laird v. Tatum | Oyez Laird v. Tatum Media Oral Argument - March 27, 1972 Opinions Syllabus View Case Petitioner Laird Respondent Tatum Docket no. 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. Animal / Dog Law The Tatums timely filed a second notice of appeal. Before Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill The Tatums argue that there was, focusing specifically on the intent that the word deception implies. Phila. Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986). The Tatums argue that an accusation of deception is verifiable and therefore actionable, while appellees argue that it is not. Disposal Sys. 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. 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.. We agree with the Tatums on all three points. 73.002(b)(1)(B), and (ii) a reasonable and fair comment on or criticism of a matter of public concern published for general information, id. We acknowledge that evidence of a negligent investigation, standing alone, does not raise a fact issue on actual malice: [T]he failure to investigate the facts before speaking as a reasonably prudent person would do is not, standing alone, evidence of a reckless disregard for the truth, but evidence that a failure to investigate was contrary to a speaker's usual practice and motivated by a desire to avoid the truth may demonstrate the reckless disregard required for actual malice. We agree with the Tatums. Neely, 418 S.W.3d at 70. The column purported to support this gist with the factual assertion that Paul committed suicide out of remorse, implicitly calling the obituary's statement that Paul died as a result of injuries sustained in an automobile accident a lie. Prac. of Tex., Inc. v. Tex. The next seven paragraphs describe two recent occurrences meant to illustrate Blow's pointthe events surrounding the deaths of Ted Pillsbury and Paul Tatum. But averting our eyes from the reality of suicide only puts more lives at risk. No. 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. On that occasion, he said, he attempted to contact the author of one of the obituaries. 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. Moved Permanently. & Com.Code Ann. The Tatums' attorney, Joe Sibley, said he could not comment since The News was a party to the lawsuit. A. That appeal is also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, No. More specifically, the column's first four paragraphs state Blow's opinion that people generally consider a death by suicide worthy of deception and mention honesty and being open about other causes of death. He was an excellent and popular student, an outstanding athlete, and had no history of mental illness. See Gilbert Tex. 3. On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. Am. See Tex.R. 0 ERISA 1992, writ dism'd w.o.j.) 73.002(b)(2). The column's headline was Shrouding suicide leaves its danger unaddressed. (Emphasis added). Gaming Law See Neely, 418 S.W.3d at 72. 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. 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). at 1001 & n.1. By using the statement In my opinion Mayor Jones is a liar as an example of an actionable statement of fact, the Court took the position that such a statement can be proven false. Obituaries Section. People who were familiar with the situation understood the column to refer to Paul and his parents. We next ask whether there was evidence that the column's gist was false. 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. at 21. If you have STRONG suspicions to whom do you turn them over? Id. See Pickens v. Cordia, 433 S.W.3d 179, 185 (Tex.App.Dallas 2014, no pet.) Accordingly, Gacek and Scholz are not on point. Because we conclude that the evidence raised a genuine fact issue regarding whether the column was true or substantially true regarding the Tatums, we need not decide which side had the burden of proof. Milkovich lost on summary judgment and appealed all the way to the Supreme Court. In that case, Dr. Neely was disciplined for self-prescribing medications, but a news broadcast about him could reasonably have been understood to report that he was actually disciplined for operating on patients while using dangerous drugs or controlled substances. DMN counterclaimed for its attorneys' fees under the DTPA. They also argue that the column contains only nonactionable rhetorical hyperbole in the course of advocating societal change. 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. The Tatums' live pleading asserted Libel as count 1 and Libel per se as count 2. Thus, they must prove only negligence to recover compensatory damages. 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. Class Action The 2010 column, Shrouding suicide leaves its danger unaddressed, urged the public to talk more openly about suicide. In part, we don't talk about suicide because we don't talk about the illness that often underlies itmental illness. We have already concluded that a reasonable reader could conclude that the column presents a false gist about the Tatums. He made his way home from the accident scene and began drinking champagne. Ironically, the first person I knew to die of AIDS was said to have cancer. Did you know that almost twice as many people die each year from suicide as from homicide? Through honesty, she's trying to erase some of the shame and stigma that compounds and prolongs mental illness. 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. In that case, Milkovich sued Lorain for publishing an article that essentially accused him of perjury. Steve Blow is a columnist for The Dallas Morning News. More than 1,000 people attended Paul's funeral. The trial court granted summary judgment for Petitioners. dallas morning news v tatum oyezcash cars for sale memphis. We agree with the Tatums. There was also evidence that Blow did not adhere to his usual practice of investigation when he wrote the column. We are unpersuaded by appellees' contrary arguments. Legal Ethics A defamation plaintiff must prove that the allegedly defamatory statement referred to him or her. at 47. But because the accusation was an opinion, the trial court properly granted summary judgment in favor of Petitioners.The Tatum filed suit alleging libel and libel per se against Petitioners alleging that the column at issue defamed them. 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. Appellees asserted several summary judgment grounds. (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. Id. A publication's gist is its main point, material part, or essence, as perceived by a reasonable person. See Neely, 418 S.W.3d at 63. at 10. This case involves libel, which is a defamation expressed in written or other graphic form. 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. Id. Energy, Oil & Gas Law 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. Morning News, Inc., 493 S.W.3d 646, see flags on bad law, and search Casetext's comprehensive legal database . Sympathy Ideas. 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." Landlord - Tenant 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. 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.). Applicable Law and Summary Judgment Grounds. See Deception, Webster's Third New International Dictionary of the English Language Unabridged (1981) (the act of deceiving, cheating, hoodwinking, misleading, or deluding); see also Deceive, id. at 6768. We're nearly obsessed with crime. 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