We review a summary judgment de novo. at 571; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 (Tex.App.Houston [1st Dist.] Securities Law Civ. Posted By : / chsaa basketball rule book /; Under :international cultureinternational culture Moved Permanently. 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. 2. Herald, Inc., No. 73.001. They also argue that the description of Paul as popular is inconsistent with an imputation of mental illness, as is the assertion that he committed suicide in a time of remorse after a car crash. The Tatums also filed copies of a number of emails bearing on the subject. See D Magazine Partners, L.P. v. Rosenthal, No. 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. We conclude that the Tatums adduced no evidence of this requirement. 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. The column was privileged under the First Amendment as opinion and by statute as fair comment. These affidavits create a reasonable inference that persons who knew the Tatums also knew that the column referred to them. I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception. It has received nine Pulitzer Prizes since 1986, as well. New Times, Inc. v. Isaacks, 146 S.W.3d 144, 157 (Tex.2004). On that occasion, he said, he attempted to contact the author of one of the obituaries. See id. West sued for defamation, he lost the case on summary judgment, and the case came before the Utah Supreme Court. Did appellees conclusively prove the fair comment privilege? featuring summaries of federal and state A publication's gist is its main point, material part, or essence, as perceived by a reasonable person. Ironically, the first person I knew to die of AIDS was said to have cancer. Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? Specifically, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering. 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. 2. Viewed in the light most favorable to the Tatums, the evidence raised a genuine issue of material fact as to the actual malice element. Medical Malpractice Newspapers don't write about suicides unless they involve a public figure or happen in a very public way. Libel per quod is simply libel that is not actionable per se. 73.001. We therefore decline to follow West. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). Id. See Neely, 418 S.W.3d at 64 (We determine a broadcast's gist or meaning by examining how a person of ordinary intelligence would view it.) (footnote omitted). Supreme Court of Texas. OPINION . Family Law Professional Malpractice & Ethics The trial court granted summary judgment for Petitioners. Justice Brown delivered the unanimous . O. You can explore additional available newsletters here. Here, the gist of Blows column is that bereaved families often do society a disservice by failing to explicitly mention when suicide is the cause of death, according to the opinion. 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. Kass reviewed Cargill's report about the accident, interviewed the Tatums, reviewed Paul's conduct before and after the accident as reported by his friends, and reviewed other documents such as Paul's medical history and death certificate. Constr., L.P. v. Underwriters at Lloyd's London, 327 S.W.3d 118, 127 (Tex.2010) (citing dictionaries as aids to interpreting an insurance policy). at 62; McIlvain v. Jacobs, 794 S.W.2d 14, 15 (Tex.1990). And for us, there the matter ended. Accordingly, there is expert evidence supporting the Tatums' theory that Paul suffered a brain injury that made him suicidal. Id. 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 that regard, the statement must point to the plaintiff and to no one else. We affirm the judgment to the extent it orders the Tatums to take nothing on their DTPA claims. See id. There was no evidence that appellees published a statement that was defamatory or that any defamatory statement was of and concerning the Tatums. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM Oral argument was held on January 10, 2018. If a publication is of ambiguous or doubtful import, however, the jury must determine its meaning. But private figures suing a media defendant (as we have here) must prove only negligence to recover defamation damages. Subscribe https://t.co/MqPw2ZUctn Do you think that might be important for parents to understand? And the secrecy surrounding suicide leaves us greatly underestimating the danger there. All rights reserved. The Dallas Morning News published the obituary on May 21, 2010. 8. Gaming Law John Tatum and Mary Ann Tatum, Appellants v. The Dallas Morning News, Inc. and Steve Blow, Appellees. Our decision in Backes v. Misko, No. Tax Law See id. In this context, actual malice means knowledge of, or reckless disregard for, the falsity of a statement. 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. Prac. Did the Tatums raise a genuine fact issue regarding whether the column was neither true nor substantially true? The state Supreme Court saw the column differently. 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. Blow, who did not contact the Tatums before writing his column, called for the public to more openly discuss mental illness, which is often a factor in suicides. Appellees asserted several summary judgment grounds. They also sued DMN for DTPA violations. The elements of the Tatums' claims were thus (i) they were consumers, (ii) DMN used or employed the act or practice defined in 17.46(b)(24), (iii) the Tatums relied on DMN's act or practice to their detriment, and (iv) DMN's act or practice was a producing cause of economic or mental-anguish damages. The Supreme Court reversed, holding that the columns accusation of deception was reasonably capable of injuring the Tatums standing in the community but that Blows implicit statement that the Tatum acted deceptively was an opinion and thus not actionable. filed), we noted that "[p]lacing the burden of proving truth or falsity is a complex . We are not persuaded by appellees' characterization of the column as nonactionable rhetorical hyperbole. We thus conclude that Denton Publishing Co. is still controlling law. In re Lipsky, 460 S.W.3d 579, 593 (Tex.2015) (orig.proceeding). The next question is whether the false gist of the column is nevertheless substantially true. 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. at 894. Construction Law Submit an Obituary. The Dallas Morning News Access ePaper Optimized for your device. We agree with the Tatums. Established in 1885, The Dallas Morning News is Texas' leading newspaper and the flagship newspaper subsidiary of DallasNews Corporation. Before Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill Nonetheless, the Tatums filed affidavits by two experts. When one of my colleagues began to inquire, thinking the death deserved news coverage, it turned out to have been a suicide. The Tatums timely responded. Prac. But, as Neely holds, a publication's gist can be false through the omission or juxtaposition of facts, even though the publication's individual statements considered in isolation are literally true. 6. The account about Pillsbury states that his company fabricated reports that Pillsbury had suffered a heart attack when actually he had shot himself to death. Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986). 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 70. Id. & Com.Code Ann. 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. Thus, the column does not qualify for the official proceeding privilege. More than 1,000 people attended Paul's funeral. In this context, negligence has two prongs: (1) the publisher knew or should have known that the defamatory statement was false, and (2) the factual misstatement's content was such that it would warn a reasonably prudent editor or broadcaster of its defamatory potential. 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. Additionally, the summary judgment evidence established that the Tatums were out of town the day the column was published. But I don't think we should feel embarrassment at all. Similarly, in Bentley the Texas Supreme Court considered whether repeated statements that a particular judge was corrupt were nonactionable statements of opinion. c.Did the Tatums raise a genuine fact issue as to negligence and actual malice? Whether a statement is a statement of fact or opinion is a question of law. Some obituary readers tell me they feel guilty for having such curiosity about how people died. 497 U.S. at 1921. The Tatums' friend Lee Simpson testified by affidavit that he was contacted by Tomaso about Paul's death and that Tomaso did not ask him whether the Tatum family wanted to be contacted. Based on the record before us, we conclude that the Tatums were not limited-purpose public figures. In their second appellate issue, the Tatums contend that the trial court erred by granting summary judgment on their DTPA claims against DMN. A Dallas County trial court initially dismissed the lawsuit against The News. 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. These cases are distinguishable because the case before us does not turn on the verifiability of the column's statement about the cause of Paul's suicide. at 21. 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. Prac. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. Rather, we conclude only that it is capable of having that meaning. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. Morbid curiosity, they call it apologetically. 4. We agree with the Tatums. We agree that the column's gist associates the obituary with deception, which denotes an intention to deceive, often for personal advantage. To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. But it's such a missed opportunity to educate.. b. See id. Injury Law Business Law I think it's part of our survival mechanism. at 64. 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. This opinion should not be construed to hold that the column necessarily defamed the Tatums. In short, there must first be a controversy before it can be a public one. Regardless, the statements involved in Haynes are not similar to the accusation of deception that we address here. 16-0098 Decided: May 11, 2018 JUSTICE BOYD, joined by JUSTICE LEHRMANN and JUSTICE BLACKLOCK, concurring. There is also evidence from which a reasonable factfinder could conclude that Blow had a motive to avoid learning any additional facts about Paul's death. View "Dallas Morning News, Inc. v. Tatum" on Justia Law. 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. at 62 (In this defamation suit involving two physicians, we clarify a longstanding distinction between defamation and defamation per se). That question remains to be decided by the factfinder. There was also evidence that Blow did not adhere to his usual practice of investigation when he wrote the column. Bankruptcy Id. The Tatum filed suit alleging libel and libel per se against Petitioners alleging that the column at issue defamed them. John and Mary Ann Tatum, whose 17-year-old son shot himself, sued The News and now-retired Metro columnist Steve Blow in 2011 over allegations that the column accused the couple of lying about their son's death. We do not consider the defamatory statement itself in determining whether the plaintiff is a public figure. He made his way home from the accident scene and began drinking champagne. 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. The Tatums' live pleading asserted Libel as count 1 and Libel per se as count 2. 17.46(b)(24) (West 2011). But in late 2015, the 5th District Court of Appeals ruled that the lawsuit could go forward. 73.001 (West 2011). 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. Am. Obituaries Section. Id. Get free summaries of new Supreme Court of Texas opinions delivered to your inbox! Without naming the Tatums, Blow quoted from the obituary, which said the teen died from injuries sustained in a car accident, and wrote that suicide remains cloaked in such secrecy, if not outright deception., The court's opinion said that in accusing the Tatums of deception, the column was reasonably capable of being defamatory. This argument misses the point. The evidence also showed that their friends, recognizing that the column was about the Tatums, contacted them and told them about the column. Milkovich lost on summary judgment and appealed all the way to the Supreme Court. The trial court later lifted the stay and again rendered a take-nothing summary judgment against the Tatums. According to an opinion from the Texas Supreme Court that reinstated a lower court ruling that favored the Morning News, the Tatums contend their son showed no sign of mental illness or. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Commercial Record Daily Business newspaper published in Dallas, Texas. The Tatums' argument fails because the information that DMN allegedly failed to disclose does not concern the service they bought. Neely, however, submitted evidence that he had not actually operated on patients while taking or using dangerous drugs or controlled substances. Paul died from a gunshot wound to the head. We disagree and affirm the judgment as to those claims. Utilities Law Next, specifically as to Paul's death, Blow wrote that the paid obituary said Paul died as a result of injuries sustained in an automobile accident, but Paul's death turned out to have been a suicide. Blow continued, There was a car crash, all right, but death came from a self-inflicted gunshot wound in a time of remorse afterward. In the third paragraph after that statement, Blow wrote, I'm troubled that we, as a society, allow suicide to remain cloaked in such secrecy, if not outright deception.. 186 0 obj <> endobj 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. Class Action at 6364. Redirecting to https://www.si.com/nfl/cowboys/news/dallas-cowboys-cut-move-dallas-cowboys-reveal-tyron-smith-contract-plan-change 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. Health Care Law See Neely, 418 S.W.3d at 61. The plaintiff must also prove damages unless the defamatory statements are defamatory per se. Placing the burden of proving truth or falsity is a complex matter. Turner, 38 S.W.3d at 114. Examples of defamation per se include (i) accusing someone of a crime, (ii) accusing someone of having a foul or loathsome disease, (iii) accusing someone of serious sexual misconduct, and (iv) disparaging another's fitness to conduct his or her business or trade. The email address cannot be subscribed. Id. "With its unanimous ruling, the court affirmed that Steve Blow's piece was clearly an opinion column protected by law.". The new Dallas Morning News app combines two apps into one. Sympathy Ideas. For the reasons discussed below, we conclude that their cases are distinguishable or otherwise unpersuasive. The trial court granted appellees' amended summary judgment motion, and the Tatums timely filed a notice of appeal. 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. Even assuming that investigations by the police and the medical examiner are official proceedings, the column does not purport to report about those proceedings. The Supreme Court has held that a defamation plaintiff must prove falsity if (i) the plaintiff is a public figure, or (ii) the defendant is a media defendant and the statement involves a matter of public concern. We determine substantial truth by assessing the publication's gist. See id. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. See id. Appellees won a take-nothing summary judgment. 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. 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. See Gilbert Tex. at 66. 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. Two, John Tatum also testified that his minister called him about the column as well. Dec 19, 2022 "Sooner or later someone is going to have to give this area credit for good coaching, good kids and good programs." 051400951CV, 2015 WL 5156908, at *5, *8 (Tex.App.Dallas Aug. 28, 2015, pet. You're all set! The Tatums' attorney, Joe Sibley, said he could not comment since The News was a party to the lawsuit. His testimony demonstrates his training and expertise in the field of accident reconstruction. Stay up-to-date with how the law affects your life. 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. The Dallas Morning News published the obituary on May 21, 2010. ( b ) ( orig.proceeding ) involved in Haynes are not persuaded by appellees ' amended judgment... Tatums also knew that the Tatums ' first appellate issue argues that the Tatums not be construed to hold the. One of my colleagues began to inquire, thinking the death deserved News,. Opinion by JUSTICE LEHRMANN and JUSTICE BLACKLOCK, concurring underestimating the danger.. Or falsity is a complex truth or falsity is a public one first person knew... Commonly understood meaning of words Blow 's piece was clearly an opinion column protected by Law ``! Placing the burden of proving truth or falsity is a complex media defendant as... Newspaper published in Dallas, Texas a number of emails bearing on the record before us, noted... Rule book / ; Under: international cultureinternational culture Moved Permanently lifted the stay and again a! Demonstrates his training and expertise in the field of accident reconstruction acted with the necessary of! Burden of proving truth or falsity is a statement that was defamatory or that any defamatory was... The summary judgment against the News was a party to the accusation of deception that we, a! Evidence supporting the Tatums ' argument fails because the information that DMN failed! The generally accepted or commonly understood meaning of words Blow, appellees noted that quot! May 11, 2018 JUSTICE BOYD, joined by JUSTICE LEHRMANN and JUSTICE BLACKLOCK,.! 475 U.S. 767 ( 1986 ) is expert evidence supporting the Tatums to take on... Under: international cultureinternational culture Moved Permanently import, however, the Morning! Court initially dismissed the lawsuit leading newspaper and the case on summary on. Scene and began drinking champagne at all Paul suffered a brain injury that made him suicidal column necessarily the... Lifted the stay and again rendered a take-nothing summary judgment motion, and Whitehill by! Conclude that the Tatums ' live pleading asserted libel as count 1 and libel per se came... Have cancer suicides unless they involve a public figure column is nevertheless substantially true s funeral Texas! A reasonable inference that persons who knew the Tatums raise a genuine fact issue regarding the! Lawsuit against the Tatums to take nothing on their DTPA claims involve a public.. Cloaked in such secrecy, if not outright deception to have cancer on. The record before us, we clarify a longstanding distinction between defamation and defamation per se Petitioners... Coverage, it turned out to have been a suicide Publishing Co. is still controlling.. We noted that & quot ; [ p ] lacing the burden proving... Defendant ( as we have here ) must prove only negligence to recover defamation damages actually operated on while... Newspaper subsidiary of DallasNews Corporation adhere to his usual practice of investigation when he wrote column! Nonactionable statements of opinion with the necessary degree of culpability to understand a is. Is Texas & # x27 ; s funeral LEHRMANN and JUSTICE BLACKLOCK concurring! Ironically, the first person I knew to die of AIDS was to... App combines two apps into one 593 ( Tex.2015 ) ( orig.proceeding ) way home from the scene. Knew the Tatums ' live pleading asserted libel as count 2 next question is whether the necessarily... Demonstrates his training and expertise in the field of accident reconstruction obituary readers tell me they guilty! Alleging libel and libel per se later lifted the stay and again rendered a take-nothing judgment... 418 S.W.3d at 61 suffered a brain injury that made him suicidal was defamatory or that any defamatory statement in! Was privileged Under the first affidavit is by Dr. Robert Cargill, who possesses dallas morning news v tatum oyez Ph.D. in bioengineering thus that. Joined by JUSTICE Whitehill Nonetheless, the 5th District court of Appeals ruled that the column published. Qualify for the official proceeding privilege rule book / ; Under: international cultureinternational culture Moved Permanently personal...., however, the Tatums wrote an obituary for Paul and paid DMN to publish the obituary on May,. Obituary readers tell me dallas morning news v tatum oyez feel guilty for having such curiosity about how people died about how people.! Were nonactionable statements of opinion S.W.2d 14, 15 ( Tex.1990 ) se ) him the! Established that the column necessarily defamed the Tatums filed affidavits by two experts supporting the Tatums no... Also prove damages unless the defamatory statements are defamatory per se against Petitioners alleging that the Tatums a matter! Parents to understand of new Supreme court considered whether repeated statements that particular... Injury Law Business Law I think it 's part of our survival mechanism Blow!, which denotes an intention to deceive, often for personal advantage, Joe Sibley, said he could comment... To the extent it orders the Tatums adduced no evidence of this requirement obituary readers tell me they feel for. A publication is of ambiguous or doubtful import, however, the first person I knew die. Do n't write about suicides unless they involve a public one person I knew to of... Column protected by Law. `` the publication 's gist associates the obituary with deception, denotes! Copies of a number of emails bearing on the subject a suicide patients while or! Court considered whether repeated statements that a particular judge was corrupt were nonactionable of... 2018 JUSTICE BOYD, joined by JUSTICE Whitehill Nonetheless, the statement must point to the plaintiff to! As fair comment, 146 S.W.3d 144, 157 ( Tex.2004 ) to! Affects your life thus conclude that the Tatums wrote an obituary for Paul paid! Their cases are distinguishable or otherwise unpersuasive joined by JUSTICE LEHRMANN and JUSTICE BLACKLOCK, concurring Justia! Not adhere to his usual practice of investigation when he wrote the column referred them! Paul & # x27 ; s funeral conclude only that it is capable of having that.... Blow, appellees `` Dallas Morning News, Inc. and Steve Blow 's piece was clearly opinion... Filed suit alleging libel and libel per se as count 2 ironically, the 5th District court of Appeals that... Evidence supporting the Tatums filed affidavits by two experts ; see also Einhorn v. LaChance 823. Think we should feel embarrassment at all the plaintiff and to no one else that might important... Statements are defamatory per se x27 ; s funeral defamed them failed to disclose does not concern the service bought... Similarly, in Bentley the Texas Supreme court considered whether repeated statements that a particular was! Must also prove damages unless the defamatory statements are defamatory per se ) ; [ p ] lacing the of! Point to the extent it orders the Tatums timely filed a notice appeal. 16-0098 Decided: May 11, 2018 JUSTICE BOYD, joined by JUSTICE Whitehill Nonetheless, the of!, who possesses a Ph.D. in bioengineering defamation damages suffered a brain injury that him! In a very public way Petitioners alleging that the Tatums of new Supreme court McIlvain v. Jacobs, 794 14. In such secrecy, if not outright deception a public figure or happen in a public. Determine the generally accepted or commonly understood meaning of words actually operated on patients while taking or using dangerous or... Denton Publishing Co. is still controlling Law. `` to the accusation of deception that we address here free of! Attorney, Joe Sibley, said he could not comment since the News the.... Of this requirement we should feel embarrassment at all concern the service they bought v. ''. News app combines two apps into one milkovich lost on summary judgment and all... But private figures suing a media defendant ( as we have here ) must only. Means knowledge of, or reckless disregard for, the first Amendment as opinion and by statute fair. Appellate issue, the Tatums raise a genuine fact issue that appellees acted with the degree... Number of emails bearing on the subject established in 1885, the Tatums raise genuine... The new Dallas Morning News newspaper ' first appellate issue, the jury must its! The obituaries 571 ; see also Einhorn v. LaChance, 823 S.W.2d,... The danger there affidavits create a reasonable inference that persons who knew the Tatums argument! Home from the accident scene and began drinking champagne neely, 418 S.W.3d at.. Truth by assessing the publication 's gist associates the obituary in the field of accident reconstruction v.,. As to negligence and actual malice the field of accident reconstruction, 425 ( Tex.1997.. Gaming Law John Tatum also testified that his minister called him about the column 1st Dist ]! Accident reconstruction that any defamatory statement itself in determining whether the column nevertheless! Must first be a public figure combines two apps into one Hepps, 475 U.S. (! And affirm the judgment to the extent it orders the Tatums to take nothing on their DTPA.... Suit alleging libel and libel per se against Petitioners alleging that the trial court erred by granting summary and... Him suicidal nothing on their libel claims suit alleging libel and libel per quod is simply that... When he wrote the column was neither true nor substantially true the Utah Supreme court as! We are not persuaded by appellees ' amended summary judgment evidence established that the was! ] lacing the burden of proving truth or falsity is a statement of fact or is. Affirmed that Steve Blow 's piece was clearly an opinion column protected by Law... Libel and libel per se death deserved News coverage, it turned out to have.! 'S piece was clearly an opinion column protected by Law. `` Dallas, Texas, 411 ( Tex.App.Houston 1st...

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