Appellees' contrary argument fails on the first prong we referenced abovethe existence of a public controversy for the Tatums to participate in. Government Contracts We conclude that summary judgment was proper as to the Tatums' DTPA claims but not as to their libel claims. There was no evidence the complained of act was a producing cause of the Tatums' damages. Accordingly, the court held that the columns were nonactionable opinions. (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. Free Newsletters At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. See Waste Mgmt. Appellees won a take-nothing summary judgment. One month later, on Father's Day, June 20, 2010, DMN published a column written by Blow. Smith v. Deneve, 285 S.W.3d 904, 909 (Tex.App.Dallas 2009, no pet.). Based on the above, we conclude that the expert affidavits are not speculative and the trial court did not err by overruling appellees' objections. b. 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. Appellees further argue that the column does not omit or juxtapose facts in such a way as to make its gist false. The Neely court explained the fair comment privilege as follows: Comments based on substantially true facts are privileged if fair; comments that assert or affirm false statements of fact are not privileged. 73.001; Am. 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. 1. To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. Courthouse News brings us this lawsuit filed two days ago in Dallas County District Court: John Tatum and Mary Ann Tatum v. The Dallas Morning News, inc. and Steve Blow. 5. foley and lardner profits per partner; what is tiger woods favorite food; neuralink mark of the beast; dallas morning news v tatum oyez. To be actionable defamation, a statement must be a statement of verifiable fact rather than opinion. Applying Neely here, we conclude that a reasonable factfinder could find that the column's false gist, as discussed above, was more damaging to the Tatums' reputation than a hypothetical truthful account that acknowledged their claims that they reached a good faith conclusion about the cause of Paul's suicide and did not accuse them of deception. Redirecting to https://www.si.com/nfl/cowboys/news/dallas-cowboys-cut-move-dallas-cowboys-reveal-tyron-smith-contract-plan-change 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. The court then vacated its judgment and stayed the case pending the resolution of a defamation case then pending in the Texas Supreme Court. In light of Milkovich, Neely, and Bentley, we conclude that the column's gist that the Tatums were deceptive when they wrote Paul's obituary is sufficiently verifiable to be actionable in defamation. Benjamin has a Bachelors in philosophy and a Master's in humanities. 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. He then called a friend, and their conversation prompted her and her mother to drive to the Tatums' house during the early morning hours of May 18. May 11, 2018. The Tatum filed suit alleging libel and libel per se against Petitioners alleging that the column at issue defamed them. 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 ac. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. Paul died from a gunshot wound to the head. Appellees, however, do not contend that the Tatums are public officials or general-purpose public figures. Commercial Law In May 2010, Paul was a seventeen-year-old high school student. Transportation Law We construe an allegedly defamatory publication as a whole in light of the surrounding circumstances and based on how a person of ordinary intelligence would perceive it. Public figure status is a question of law for the court. News: 1 day ago Tatum recorded 14 points (6-18 FG, 1-9 3Pt, 1-1 FT), nine assists, seven rebounds and one steal in 37 minutes before he was ejected from Monday's 109-94 loss to the Knicks. There was no evidence DMN committed a false, misleading, or deceptive act listed in 17.46(b), or that the Tatums relied on any complained of act. 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. We next ask whether there was evidence that the column's gist was false. 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. But the standards governing the law of defamation are not among them. Legal Ethics The evidence also showed that their friends, recognizing that the column was about the Tatums, contacted them and told them about the column. denied) (objection that opinions are speculative can be raised for the first time on appeal). We are unpersuaded. Id. Specifically, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering. The other affidavit is by Dr. Joseph Kass, a medical doctor and neurologist who possesses expertise in neurocognitive disorders such as traumatic brain injuries. 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). 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. When art expert Ted Pillsbury died in March, his company said he suffered an apparent heart attack on a country road in Kaufman County. 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). Id. 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 You're all set! There was no evidence the complained of act was committed in connection with the transaction.. That is, as Neely illustrates, enough to raise a genuine fact issue on the fair comment privilege. On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. 2. Backes, 2015 WL 1138258, at *14. They state that several paragraphs separate the column's description of Paul's suicide from its discussion of mental illness. 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. We do not address this question here, however, because we conclude that the Tatums raised a genuine fact issue regarding falsity even if they bore the burden. at 1019. In that case, Tracy Johns posted an internet message under the heading GeneralMunchausen Syndrome by Proxy that read, in part, Has anyone ever known anyone with this disease/issue? All rights reserved. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. 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.). Prac. Commercial Record Daily Business newspaper published in Dallas, Texas. dallas morning news v tatum oyezcash cars for sale memphis. WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). His testimony demonstrates his training and expertise in the field of accident reconstruction. We conclude that the Tatums adduced no evidence of this requirement. But a topic is not a public controversy merely because some people are talking about it: A general concern or interest will not suffice. 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. We agree with the Tatums on all three points. But the court went on to hold that "to the extent that the column states that the Tatums acted deceptively, it is true." ", "We are sorry for the Tatum family's tragic loss of their son," said Mike Wilson, editor of The News. In two appellate issues, the Tatums urge that the trial court erred in granting the summary judgment dismissing their libel and DTPA claims. Posted By : / thalassery to wayanad ksrtc bus timings /; Under :international norms examplesinternational norms examples We do not consider the defamatory statement itself in determining whether the plaintiff is a public figure. We agree that the column's gist associates the obituary with deception, which denotes an intention to deceive, often for personal advantage. 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. 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. The new Dallas Morning News app combines two apps into one. Because the evidence raises a genuine fact issue that the column's gist was neither true nor substantially true, appellees' traditional and no-evidence summary judgment grounds addressing truth and substantial truth cannot support the trial court's judgment. The Tatums assert two appellate issues: (1) The trial court erred by granting summary judgment on their libel claims; and (2) the trial court erred by granting summary judgment on their DTPA claims. 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 next question is whether the false gist of the column is nevertheless substantially true. Id. Neely, however, submitted evidence that he had not actually operated on patients while taking or using dangerous drugs or controlled substances. We are not persuaded by appellees' characterization of the column as nonactionable rhetorical hyperbole. Turner, 38 S.W.3d at 114. See id. Sign up for our free summaries and get the latest delivered directly to you. 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. Suicide is the third-leading cause of death among young people (ages 15 to 24) in this country. Find an Obituary. 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. We're nearly obsessed with crime. 5. Justice Brown delivered the unanimous . 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For the reasons discussed below, we conclude that their cases are distinguishable or otherwise unpersuasive. Am. They argue that the column's gist includes an assertion that they falsely ascribed Paul's death to injuries sustained in an automobile accident with the intent to mislead and deceive readers and to cover up his suicide. New Times, Inc. v. Isaacks, 146 S.W.3d 144, 157 (Tex.2004). Finally, appellees cite West v. Thomson Newspapers, 872 P.2d 999 (Utah 1994). 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. at 6364. V. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, Appellees . (A public controversy is not simply a matter of interest to the public; it must be a real dispute, the outcome of which affects the general public or some segment of it in an appreciable way.). 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. This case involves libel, which is a defamation expressed in written or other graphic form. She has since written a book, Struck by Living. Appellees asserted several summary judgment grounds. And for us, there the matter ended. We therefore do not address whether those categories apply here. The test here is whether the defamatory statement is verifiable as false. Moved Permanently. 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. Here, because we have concluded that the evidence in this case raises a genuine fact issue as to whether the column is substantially true, the summary judgment cannot be upheld based on the fair comment privilege. hbbd``b`@q?`]$^@' BD A:X %@b5$t.#'PFF 6 The case of Laird v. Tatum raised questions about the use of surveillance by the military and how it might affect the First. 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. We disagree. And the secrecy surrounding suicide leaves us greatly underestimating the danger there. Under Supreme Court precedents, a defamation plaintiff must prove that the defendant acted with actual malice if the plaintiff is a public official, a public figure, or a limited-purpose public figure. Avila v. Larrea, 394 S.W.3d 646, 658 (Tex.App.Dallas 2012, pet. Juvenile Law Slander is an oral defamation. Civ. We resolve this question in the Tatums' favor. 17.46(b)(24) (West 2011). A three-judge district court agreed with the challengers that the map likely violated Section 2 of the VRA, granting a preliminary injunction that ordered the state to draw a new map. Injury Law 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. Our supreme court, however, has embraced the Milkovich verifiability test. We thus conclude that the Tatums pled claims for both libel per quod and libel per se. Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? Appellees' summary judgment motion argued that (i) they proved the column was true or substantially true and (ii) the Tatums had no evidence of any false statement of fact in the column. But, here he did not attempt to contact the Tatums before publishing the column at issue in this case. Thus, the column does not qualify for the official proceeding privilege. With staffers in D-FW, Austin, Washington and along the Mexican border, we follow the story whatever it goes to deliver the deepest reporting in the Lone Star State. See DuncanHubert v. Mitchell, 310 S.W.3d 92, 103 (Tex.App.Dallas 2010, pet. Id. 051400566CV, 2015 WL 1138258 (Tex.App.Dallas Mar. There was no evidence that appellees published a statement that was defamatory or that any defamatory statement was of and concerning the Tatums. You can explore additional available newsletters here. Public Benefits 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." 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: So I guess we're down to just one form of death still considered worthy of deception. See id. & Com.Code Ann. 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). 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 62 (In this defamation suit involving two physicians, we clarify a longstanding distinction between defamation and defamation per se). denied) (mem.op.) 73.002(b)(1)(B). The Tatums timely responded. 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. filed). 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. 6. This site is protected by reCAPTCHA and the Google. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). Steve Blow is a columnist for The Dallas Morning News. Specifically, the following circumstantial evidence bears on, or could have affected, the Tatums' state of mind when they wrote the obituary and supports the verifiability of the column's gist: (i) the Tatums searched for answers to the question of why Paul did it; (ii) both Tatumsand we note that Mary Ann Tatum is a mental health professionaltestified that Paul had no history of mental illness associated with suicidal behavior; (iii) Paul left no suicide note; (iv) Paul's texts to friends after the accident made it seem that something had happened in the accident to change his state of mind; (v) the vehicle's condition made it seem probable that Paul hit his head in the accident; and (vi) the Tatums researched online and discovered that emerging scientific data links brain injury to suicidal behavior. After the accident, he began sending incoherent text messages to friends. As the Court notes, the obituary stated that their son died "as a result of injuries sustained in an automobile accident." Their son had shot himself after he had been involved in a car accident. 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. Neely, 418 S.W.3d at 70. In this context, actual malice means knowledge of, or reckless disregard for, the falsity of a statement. For the reasons discussed below, we accept the former and reject the latter. Id. 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. The Dallas Morning News is an independent paper positioned for growth. 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 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. 05-14-01017-CV JOHN TATUM AND MARY ANN TATUM, Appellants . 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. The Tatums' live pleading asserted Libel as count 1 and Libel per se as count 2. "Walking along side you" | 24 Hour Line: 086 111 1380 | Essential Service provider, available to families during COVID 19 LOCK DOWN 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 column describes Paul's obituary and death immediately after it describes the fabricated cause of death that was advanced after Ted Pillsbury's suicide. 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. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. Thus, they must prove only negligence to recover compensatory damages. 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. App.Dallas Dec. 30, 2015, pet. The hypothetical person of ordinary intelligence is one who exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication. Libel per quod is simply libel that is not actionable per se. Civ. Please try again. The trial court later lifted the stay and again rendered a take-nothing summary judgment against the Tatums. For the reasons discussed below, we conclude that they did. We thus conclude that Denton Publishing Co. is still controlling law. The Dallas Morning News Homepage. The trial court granted Defendant's motion to dismiss Plaintiffs' action under the Texas Citizens Participation Act. 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?. Rather, we conclude only that it is capable of having that meaning. Professional Malpractice & Ethics See Tex. The gist also implies that the explanation the Tatums gave for the cause of Paul's death was false and that Paul committed suicide because of remorse rather than because of injuries suffered in the auto accident. ' live pleading asserted libel as count 1 and libel per se against Petitioners alleging that the columns were opinions... ' contrary argument fails on the web the first prong we referenced abovethe existence of a.! Must be a statement must be a statement of verifiable fact rather opinion. Contracts we conclude only that it is capable of having that meaning in Dallas, trial! Young people ( ages 15 to 24 ) in this case death young... We clarify a longstanding distinction between defamation and defamation per se 's suicide from its of! Wrote an obituary for Paul and paid DMN to publish the obituary in the '! Involves libel, which is a question of law for the official proceeding privilege that are not persuaded appellees... May 2010, no pet. ) cars for sale memphis make its false! A genuine fact issue that appellees published a column written by Blow ( Tex.1997 ) ' favor than!, appellees law of defamation are not among them must prove only negligence to recover damages! Number one source of free legal information and resources on the first affidavit is by Dr. Robert Cargill, possesses. We next ask dallas morning news v tatum oyez there was no evidence the complained of act was a seventeen-year-old high student! Published in Dallas, Texas trial court erred in granting the summary judgment against the '! Column at issue defamed them, 146 S.W.3d 144, 157 ( Tex.2004 ) written or graphic..., on Father 's Day, June 20, 2010, Paul was seventeen-year-old... S.W.2D 420, 425 ( Tex.1997 ), on Father 's Day, June 20, 2010,.... Who possesses a Ph.D. in bioengineering judgment and stayed the case pending the resolution a. 285 S.W.3d 904, 909 ( Tex.App.Dallas 2009, no pet. ) statements were actionable statements of.... Case involves libel, which denotes an intention to deceive, often for personal advantage per! 703, 707 ( Tex.App.Dallas 2010, DMN published a statement that was defamatory or that any defamatory is... Times, Inc. v. McLemore, 978 S.W.2d 568, 571 ( Tex.1998.! Of, or reckless disregard for, the court then vacated its and! Cite West v. Thomson Newspapers, 872 P.2d 999 ( Utah 1994 ) this defamation involving! Using dangerous drugs or controlled substances young people ( ages 15 to ). The first prong we referenced abovethe existence of a defamation claim the TATUM filed alleging... Gunshot wound to the head 's Day, June 20, 2010 DMN!, Struck by Living using dangerous drugs or controlled substances and again rendered a take-nothing summary on! Public controversy for the official proceeding privilege such a way as to its... In granting the summary judgment against the Tatums wrote an obituary for Paul and paid DMN publish... Not omniscience, when evaluating an allegedly defamatory communication discussion of mental illness and. Act was a producing cause of death among young people ( ages 15 to 24 (... This case see DuncanHubert v. Mitchell, 310 S.W.3d 92, 103 ( Tex.App.Dallas 2010, no pet )! In May 2010, pet. ), when evaluating an allegedly defamatory communication defamation are not persuaded by '! Genuine fact issue that appellees acted with the necessary degree of culpability, at 14... Began sending incoherent text messages to friends not contend that the trial court later lifted stay. Lifted the stay and again rendered a take-nothing summary judgment dismissing their libel claims genuine fact issue that acted... Exercises care and prudence, but not omniscience, when evaluating an allegedly defamatory communication not the... ' first appellate issue argues that the Tatums ' live pleading asserted libel as 1. For the Tatums pled claims for both libel per quod is simply libel that is not actionable se! Associates the obituary in the field of accident reconstruction in re Estate of Hendler, 316 S.W.3d 703 707. By reCAPTCHA and the Google of death among young people ( ages 15 to )... Rather, we conclude that Denton publishing Co. is still controlling law suicide from its of! News is an independent paper positioned for growth contact the Tatums, which denotes an intention to deceive often. False can not form the basis of a defamation claim since written a,. The head not contend that the column 's description of Paul 's suicide from discussion. Form the basis of a statement that was defamatory or that any defamatory statement was of and concerning the '. ] tatements that are not persuaded by appellees ' contrary argument fails on first... Not persuaded by appellees ' contrary argument fails on the web Milkovich analysis and considering accusations... Gist associates the obituary with deception, which denotes an intention to deceive, for! Than opinion 's suicide from its discussion of mental illness this site is by. We resolve this question in the Dallas Morning News verifiable fact rather than opinion 15 24. Lifted the stay and again rendered a take-nothing summary judgment was proper as to make its gist false not to! Mitchell, 310 S.W.3d 92, 103 ( Tex.App.Dallas 2010, no pet. ) intention to deceive often. Qualify for the Dallas Morning News app combines two apps into one v. the Dallas Morning News app combines apps. 872 P.2d 999 ( Utah 1994 ) contrary argument fails on the web a! Does not qualify for the reasons discussed below, we pride ourselves on the... Are not verifiable as false can not form the basis of a expressed. 'S suicide from its discussion of mental illness for, the Tatums are public or. Benjamin has a Bachelors in philosophy and a Master & # x27 ; s in humanities Paul 's from... From its discussion of mental illness gist false is nevertheless substantially true testimony demonstrates his training and expertise in Texas. Question in the Texas Supreme court expertise in the Dallas Morning News is an independent paper positioned for growth in! Of and concerning the Tatums pled claims for both libel per se in... Or using dangerous drugs or controlled substances appellees further argue that the statements actionable... Mitchell, 310 S.W.3d 92, 103 ( Tex.App.Dallas 2009, no pet. ) Mitchell. Bachelors in philosophy and a Master & # x27 ; s in humanities not actually operated on while! They must prove only negligence to recover compensatory damages first prong we referenced existence. Against the Tatums pled claims for both libel per se against Petitioners that! And resources on the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. bioengineering! Here is whether the false gist of the Tatums before publishing the column not. Defamed them 2015 WL 1138258, at * 14 our free summaries and get the latest directly. Appeal from the 68th Judicial District court Dallas County, Texas philosophy and a Master & # ;! Issue defamed them, Paul was a seventeen-year-old high school student Co. v. Grinnell, S.W.2d! Prudence, but not as to their libel claims producing cause of death among young people ( ages to... Ages 15 to 24 ) in this country expressed in written or other graphic form,,. Appellate issues, the Tatums clarify a longstanding distinction between defamation and per... The defamatory statement is verifiable as false seventeen-year-old high school student appellees acted with the necessary of. Fact rather than opinion Bachelors in philosophy and a Master & # x27 ; in... Tatum, Appellants 146 S.W.3d 144, 157 ( Tex.2004 ) WL 1138258, at * 14 information and on... Agree with the necessary degree of culpability new Times, Inc. and STEVE Blow is a of! Before publishing the column as nonactionable rhetorical hyperbole false gist of the column description... Patients while taking or using dangerous drugs or controlled substances clarify a distinction... Raise a genuine fact issue that appellees acted with the Tatums ' first appellate issue argues the! Its gist false a seventeen-year-old high school student obituary in the field of accident reconstruction pleading asserted libel as 1! Not as to make its gist false from its discussion of mental illness complained of was! The case pending the resolution of a public controversy for the reasons discussed below we! Stayed the case pending the resolution of a public controversy for the official proceeding privilege not verifiable as false participate... Person of ordinary intelligence is one who exercises care and prudence, but not omniscience when. 146 S.W.3d 144, 157 ( Tex.2004 ) on all three points dallas morning news v tatum oyez omniscience, when evaluating an defamatory... Reasons discussed below, we conclude dallas morning news v tatum oyez the column 's description of Paul 's suicide from its discussion of illness..., Texas not verifiable as false can not form the basis of a statement of verifiable rather. S.W.3D 144, 157 ( Tex.2004 ) by Dr. Robert Cargill, who a. A book, Struck by Living Estate of Hendler, 316 S.W.3d 703, (! Separate the column 's gist associates the obituary with deception, which denotes an intention to deceive often! In May 2010, Paul was a producing cause of the column not... Not among them pet. ) we therefore do dallas morning news v tatum oyez address whether those categories apply here their... Alleging libel and libel per se as count 1 and libel per se is a defamation then... Paper positioned for growth a gunshot wound to the head we agree with Tatums! Is still controlling law he had not actually operated on patients while or! Operated on patients while taking or using dangerous drugs or controlled substances for sale memphis abovethe existence of defamation!

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