at 6768. 418 S.W.3d at 64. Am. Read Tatum v. Dall. Rather, we conclude only that it is capable of having that meaning. Turner, 38 S.W.3d at 114. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. There was no evidence the complained of act was a producing cause of the Tatums' damages. We have already concluded that a reasonable reader could conclude that the column presents a false gist about the Tatums. 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. 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 | at 10. 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. Although appellees contend that the column's gist does not include any comment on the Tatums' character or their actions, we disagree. One month later, on Father's Day, June 20, 2010, DMN published a column written by Blow. foley and lardner profits per partner; what is tiger woods favorite food; neuralink mark of the beast; dallas morning news v tatum oyez. Issue One: Did the trial court err by dismissing the Tatums' libel claims? Prac. See Tex. Their traditional grounds were: The column was not of and concerning the Tatums. Thus, they must prove only negligence to recover compensatory damages. The summary judgment evidence included a copy of the printed version of the newspaper column that prompted this suit. Our supreme court, however, has embraced the Milkovich verifiability test. But because the accusation was an opinion, the trial court properly granted summary judgment in favor of Petitioners. Whether a publication is capable of a defamatory meaning is initially a question for the court. If the plaintiff is a public official or a public figure, the required culpability is elevated from negligence to actual malice; that is, the plaintiff must prove that the defendant published the defamatory statement with knowledge that it was false or with reckless disregard as to whether it was true or false. Neely, 418 S.W.3d at 63. Although the column did not mention the Tatums by name, it quoted from Paul's obituary and it described him and events surrounding his death. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Select your device from the three options below: Smartphone or Tablet Browser Desktop or Laptop Download the free iPad App On Petition for Review from the Court of Appeals for the Fifth District of Texas. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. The gist is that they stated a false cause of death, shrouded Paul's suicide in secrecy, intended to mislead and deceive the readers, and may have wanted to conceal Paul's mental illness and their own failure to intervene. Search by Name. Laird v. Tatum | Oyez Laird v. Tatum Media Oral Argument - March 27, 1972 Opinions Syllabus View Case Petitioner Laird Respondent Tatum Docket no. 73.001. 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. 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. court opinions. Id. Newspapers, Inc. v. Matthews, 339 S.W.2d 890, 893 (Tex.1960). We agree with the Tatums on all three points. 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. 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. The next question is whether the false gist of the column is nevertheless substantially true. Submit an Obituary. Bentley, 94 S.W.3d at 591 (footnotes omitted). More recently, a paid obituary in this newspaper reported that a popular local high school student died as a result of injuries sustained in an automobile accident.. This case involves libel, which is a defamation expressed in written or other graphic form. Based on that evidence, the court concluded that a factfinder could find that the false gistthat Neely was disciplined for operating while using drugswas more damaging to Neely's reputation than the truththat Neely was disciplined for self-prescribing medications. We review a summary judgment de novo. DMN counterclaimed for its attorneys' fees under the DTPA. Nevertheless, the Milkovich Court concluded that calling someone a liar and accusing someone of perjury are both sufficiently verifiable to support a defamation claim. Id. The Dallas Morning News published the obituary on May 21, 2010. In re Lipsky, 460 S.W.3d 579, 593 (Tex.2015) (orig.proceeding). The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. We are unpersuaded by appellees' contrary arguments. 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. Consumer 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. The trial court granted summary judgment for Petitioners. The court was also critical of The News, concluding that the column "may have run afoul of certain journalistic, ethical, and other standards. See id. The medical examiner ruled the teens death a suicide. What is the column's gist regarding the Tatums? We sustain the Tatums' first issue. That appeal is also being decided today, John Tatum and Mary Ann Tatum v. Julie Hersh, No. For example, the internal sources that Blow said he contacted before publishing the column denied having discussed the matter with him. 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.. Landlord - Tenant See id. And for us, there the matter ended. Although the column does not expressly make these assertions, roughly the last third of the column discusses the prevalence of suicide (specifically among young people), laments public silence about suicide's frequent cause (mental illness), and concludes, Awareness, frank discussion, timely intervention, treatmentthose are the things that save lives. 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. denied) (mem.op.) 4. 3 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." 4 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. 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. We conclude only that a reasonable factfinder could conclude that this is the column's gist, and this opinion should not be construed to hold that this is necessarily the column's gist. Utilities Law They also argue that the column contains only nonactionable rhetorical hyperbole in the course of advocating societal change. 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. Did the Tatums raise a genuine fact issue regarding whether the column was about them? In response to Johns's dismissal motion under the Texas Citizens Participation Act, Misko filed affidavits by five people who testified that they knew Misko and believed that the post was directed at her. Did you know that almost twice as many people die each year from suicide as from homicide? 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). Professional Malpractice & Ethics Through honesty, she's trying to erase some of the shame and stigma that compounds and prolongs mental illness. 1. Appellees further argue that the column does not omit or juxtapose facts in such a way as to make its gist false. Speech deals with matters of public concern when it can be fairly considered as relating to any matter of political, social, or other concern to the community or when it is a subject of legitimate news interest; that is, a subject of general interest and of value and concern to the public Snyder v. Phelps, 562 U.S. 443, 453 (2011) (internal quotations and citations omitted). And those who did know were already aware of the confusion caused by the obituary. denied), further supports this conclusion. 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. Ironically, the first person I knew to die of AIDS was said to have cancer. 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