(the undisclosed information must be about the goods or services being rendered). Turner, 38 S.W.3d at 114. 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. 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. Honesty is the first step. By juxtaposing Paul's story with this discussion, the column invites the reader to associate Paul's suicide with mental illness and the Tatums with those who do not engage in life saving frank discussion and timely intervention. The closing line, Honesty is the first step, also invites the reader to contrast honesty with a dishonest obituary published about Paul's death. The other affidavit is by Dr. Joseph Kass, a medical doctor and neurologist who possesses expertise in neurocognitive disorders such as traumatic brain injuries. 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. Juvenile Law That lawsuit was dismissed, and the Tatums appealed. Although appellees contend that the column's gist does not include any comment on the Tatums' character or their actions, we disagree. denied) (objection that opinions are speculative can be raised for the first time on appeal). On Monday, May 17, 2010, the Tatums were out of town at another son's graduation, and Paul was home alone. 73.002(b)(2). Before Justices Lang, Fillmore, and Whitehill. (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.). See Pickens v. Cordia, 433 S.W.3d 179, 185 (Tex.App.Dallas 2014, no pet.) 242 (2015). People who were familiar with the situation understood the column to refer to Paul and his parents. 73.001 (West 2011). Slander is an oral defamation. Arbitration & Mediation Insurance Law 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. The next seven paragraphs describe two recent occurrences meant to illustrate Blow's pointthe events surrounding the deaths of Ted Pillsbury and Paul Tatum. at 100001. One month later, on Father's Day, June 20, 2010, DMN published a column written by Blow. WebFifth District of Texas at Dallas . Their traditional grounds were: A defamation plaintiff must prove that the allegedly defamatory statement referred to him or her. We therefore decline to follow West. Civ. Webmemorialize Paul by writing an obituary, which they published by purchasing space in The Dallas Morning News. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). Appellees won a take-nothing summary judgment. denied) (mem.op.) The trial court later lifted the stay and again rendered a take-nothing summary judgment against the Tatums. See McConnell v. Southside Indep. May 11, 2018) (Don't omit-in-the-obit defamation case). Utilities Law The Tatums' argument fails because the information that DMN allegedly failed to disclose does not concern the service they bought. 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. See Neely, 418 S.W.3d at 63. at 1001 & n. 1. Id. The court then vacated its judgment and stayed the case pending the resolution of a defamation case then pending in the Texas Supreme Court. We disagree. Backes, 486 S.W.3d at 2527, 2015 WL 1138258, at *14. The column's headline and opening sentence announce that deception and secrecy are the column's topics. 1558, 89 L.Ed.2d 783 (1986) ; see also Turner, 38 S.W.3d at 116 ; Klentzman v. Brady, 456 S.W.3d 239, 26364 (Tex.App.Houston [1st Dist.] WebIn 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 & Com.Code Ann. Although there is evidence that people in Paul's high school community were discussing his death generally, and that unspecified others in north Dallas were also discussing it before the column was published, there is no evidence that the cause or manner of Paul's death affected anyone other than the Tatums. Anderton v. Cawley, 378 S.W.3d 38, 46 (Tex.App.Dallas 2012, no pet.). We agree with the Tatums on all three points. Turner, 38 S.W.3d at 114. Employment Law 1558, 89 L.Ed.2d 783 (1986). We conclude otherwise. Class Action WebThe 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. We also conclude that the evidence raises a genuine fact issue as to actual malice. Landlord - Tenant filed). We affirm the judgment to the extent it orders the Tatums to take nothing on their DTPA claims. See Tex. In re Lipsky, 460 S.W.3d at 596. App.Dallas Dec. 30, 2015, pet. 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). But private figures suing a media defendant (as we have here) must prove only negligence to recover defamation damages. Neely 's substantial truth analysis is instructive. Id. at 894. 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. Haynes is distinguishable. In four issues, appellant contends (1) the trial court erred by granting appellees objections to certain summary judgment evidence; (2) the trial court erred by denying appella 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. See id. 7. Am. He reviewed black box recorder data from the Tatums' vehicle that was involved in the accident, reviewed photographs of the vehicle, and interviewed the person who inspected the vehicle after the accident. 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. One mid-May evening, Paul, driving alone, crashed his parents' vehicle on his way home from a fast-food run. Id. WebNJDEP, Land Use Regulation, Borough of Madison and Borough of Chatham v. NJDEP and NJ Infrastructure Bank, NJDEP, Solid Waste Compliance and Enforcement v. Classic Cleaning (d/b/a Bio-Clean of New Jersey) and Andrew P. Yurchuck, John and Jane Gibbons v. NJDEP, Land Use Regulation, NJDEP, Solid Waste Compliance and Enforcement v. Appellees filed a traditional and no-evidence summary judgment motion. Heritage Capital, 436 S.W.3d at 875. Neely, 418 S.W.3d at 61. WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). A publication's gist is its main point, material part, or essence, as perceived by a reasonable person. See Deceive, The New Oxford American Dictionary (cause (someone) to believe something that is not true, typically in order to gain some personal advantage). On appeal, appellees argue only that the affidavits are too speculative. To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. Generally speaking, the column's italicized words quoted above reflect a theme of alleged dishonesty by people, including those who wrote Paul's obituary, who refuse to acknowledge that someone committed suicide. As explained above, a false gist is substantially true and nonactionable if it is no more damaging to the plaintiff's reputation than a truthful publication would have been. DMN asserted the following traditional summary judgment grounds against the Tatums' DTPA claims: DMN also asserted the following no-evidence grounds: In our analysis of this question, we focus on DMN's second no-evidence ground and particularly the first requirement of 17.46(b)(24) that the defendant fail[ed] to disclose information concerning goods or services. Id. This opinion should not be construed to hold that the column necessarily defamed the Tatums. 710, 11 L.Ed.2d 686 (1964). The Tatums' DTPA claims are based on 17.46(b)(24) of the DTPA, which provides that it is a false, misleading, or deceptive act or practice to fail [ ] to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed. Tex. In that case, Milkovich sued Lorain for publishing an article that essentially accused him of perjury. In addition to their libel claims, the Tatums also asserted DTPA claims against DMN. Cf. Prac. In cases not covered by these mandates, Texas has generally made truth an affirmative defense to defamation. He made his way home from the accident scene and began drinking champagne. 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. (a publication qualified for the privilege only if it purported to be, and was, only a fair, true and impartial report of what was stated at a city council meeting). Argued January 10, 2018 OPINION DELIVERED: May 11, 2018 Stephen Chambers, 3445 Potomac Ave., Dallas TX 75205, pro se. Dallas, TX JACK TATUM OBITUARY TATUM, Jack Bauder Jack Bauder Tatum passed away on August 12, 2020 at the age of 91. Tatums also asserted DTPA claims 185 ( Tex.App.Dallas 2012, no pet. ) judgment stayed. Lorain for publishing an article that essentially accused him of perjury affidavits are too speculative Co. v.,... 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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. Juvenile Law That lawsuit was dismissed, and the Tatums appealed. Although appellees contend that the column's gist does not include any comment on the Tatums' character or their actions, we disagree. 
denied) (objection that opinions are speculative can be raised for the first time on appeal). On Monday, May 17, 2010, the Tatums were out of town at another son's graduation, and Paul was home alone. 73.002(b)(2). Before Justices Lang, Fillmore, and Whitehill. (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.). See Pickens v. Cordia, 433 S.W.3d 179, 185 (Tex.App.Dallas 2014, no pet.) 242 (2015). People who were familiar with the situation understood the column to refer to Paul and his parents. 73.001 (West 2011). Slander is an oral defamation. Arbitration & Mediation Insurance Law 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. The next seven paragraphs describe two recent occurrences meant to illustrate Blow's pointthe events surrounding the deaths of Ted Pillsbury and Paul Tatum. at 100001. One month later, on Father's Day, June 20, 2010, DMN published a column written by Blow. WebFifth District of Texas at Dallas . Their traditional grounds were: A defamation plaintiff must prove that the allegedly defamatory statement referred to him or her. We therefore decline to follow West. Civ. Webmemorialize Paul by writing an obituary, which they published by purchasing space in The Dallas Morning News. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). Appellees won a take-nothing summary judgment. denied) (mem.op.) The trial court later lifted the stay and again rendered a take-nothing summary judgment against the Tatums. See McConnell v. Southside Indep. May 11, 2018) (Don't omit-in-the-obit defamation case). Utilities Law The Tatums' argument fails because the information that DMN allegedly failed to disclose does not concern the service they bought. 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. See Neely, 418 S.W.3d at 63. at 1001 & n. 1. Id. The court then vacated its judgment and stayed the case pending the resolution of a defamation case then pending in the Texas Supreme Court. We disagree. Backes, 486 S.W.3d at 2527, 2015 WL 1138258, at *14. The column's headline and opening sentence announce that deception and secrecy are the column's topics. 1558, 89 L.Ed.2d 783 (1986) ; see also Turner, 38 S.W.3d at 116 ; Klentzman v. Brady, 456 S.W.3d 239, 26364 (Tex.App.Houston [1st Dist.] 
WebIn 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 & Com.Code Ann. Although there is evidence that people in Paul's high school community were discussing his death generally, and that unspecified others in north Dallas were also discussing it before the column was published, there is no evidence that the cause or manner of Paul's death affected anyone other than the Tatums. Anderton v. Cawley, 378 S.W.3d 38, 46 (Tex.App.Dallas 2012, no pet.). We agree with the Tatums on all three points. Turner, 38 S.W.3d at 114. Employment Law 1558, 89 L.Ed.2d 783 (1986). We conclude otherwise. Class Action WebThe 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. We also conclude that the evidence raises a genuine fact issue as to actual malice. Landlord - Tenant filed). We affirm the judgment to the extent it orders the Tatums to take nothing on their DTPA claims. See Tex. In re Lipsky, 460 S.W.3d at 596. App.Dallas Dec. 30, 2015, pet. 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). But private figures suing a media defendant (as we have here) must prove only negligence to recover defamation damages. Neely 's substantial truth analysis is instructive. Id. 
at 894. 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. Haynes is distinguishable. In four issues, appellant contends (1) the trial court erred by granting appellees objections to certain summary judgment evidence; (2) the trial court erred by denying appella 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. See id. 7. Am. He reviewed black box recorder data from the Tatums' vehicle that was involved in the accident, reviewed photographs of the vehicle, and interviewed the person who inspected the vehicle after the accident. 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. One mid-May evening, Paul, driving alone, crashed his parents' vehicle on his way home from a fast-food run. 
Id. WebNJDEP, Land Use Regulation, Borough of Madison and Borough of Chatham v. NJDEP and NJ Infrastructure Bank, NJDEP, Solid Waste Compliance and Enforcement v. Classic Cleaning (d/b/a Bio-Clean of New Jersey) and Andrew P. Yurchuck, John and Jane Gibbons v. NJDEP, Land Use Regulation, NJDEP, Solid Waste Compliance and Enforcement v. Appellees filed a traditional and no-evidence summary judgment motion. Heritage Capital, 436 S.W.3d at 875. Neely, 418 S.W.3d at 61. WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). A publication's gist is its main point, material part, or essence, as perceived by a reasonable person. See Deceive, The New Oxford American Dictionary (cause (someone) to believe something that is not true, typically in order to gain some personal advantage). On appeal, appellees argue only that the affidavits are too speculative. To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. 
Generally speaking, the column's italicized words quoted above reflect a theme of alleged dishonesty by people, including those who wrote Paul's obituary, who refuse to acknowledge that someone committed suicide. As explained above, a false gist is substantially true and nonactionable if it is no more damaging to the plaintiff's reputation than a truthful publication would have been. DMN asserted the following traditional summary judgment grounds against the Tatums' DTPA claims: DMN also asserted the following no-evidence grounds: In our analysis of this question, we focus on DMN's second no-evidence ground and particularly the first requirement of 17.46(b)(24) that the defendant fail[ed] to disclose information concerning goods or services. Id. This opinion should not be construed to hold that the column necessarily defamed the Tatums. 710, 11 L.Ed.2d 686 (1964). The Tatums' DTPA claims are based on 17.46(b)(24) of the DTPA, which provides that it is a false, misleading, or deceptive act or practice to fail [ ] to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose such information was intended to induce the consumer into a transaction into which the consumer would not have entered had the information been disclosed. Tex. In that case, Milkovich sued Lorain for publishing an article that essentially accused him of perjury. In addition to their libel claims, the Tatums also asserted DTPA claims against DMN. Cf. Prac. In cases not covered by these mandates, Texas has generally made truth an affirmative defense to defamation. He made his way home from the accident scene and began drinking champagne. 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. (a publication qualified for the privilege only if it purported to be, and was, only a fair, true and impartial report of what was stated at a city council meeting). Argued January 10, 2018 OPINION DELIVERED: May 11, 2018 Stephen Chambers, 3445 Potomac Ave., Dallas TX 75205, pro se. Dallas, TX JACK TATUM OBITUARY TATUM, Jack Bauder Jack Bauder Tatum passed away on August 12, 2020 at the age of 91. Tatums also asserted DTPA claims 185 ( Tex.App.Dallas 2012, no pet. ) judgment stayed. Lorain for publishing an article that essentially accused him of perjury affidavits are too speculative Co. v.,... Its judgment and stayed the case pending the resolution of a defamation case then pending dallas morning news v tatum summary Texas... ( Tex.1998 ) conclude that the allegedly defamatory statement referred to him or her essentially accused him of.. Essentially accused him of perjury Tex.App.Dallas 2012, no pet. ) and again rendered a take-nothing summary judgment the. And as she left she heard a gunshot affirm the judgment to the extent orders! It orders the Tatums to take nothing on their DTPA claims wfaatv, Inc. v. McLemore 978... Services being rendered ) from the accident scene and began drinking champagne a defamation plaintiff must prove that column! Publication 's gist does not include any comment on the Tatums sued Julie Hersh in a separate lawsuit no... 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And his parents ' vehicle on his way home from a fast-food run not! Be construed to hold that the column 's dallas morning news v tatum summary Father 's Day, June 20, 2010, published... 418 S.W.3d at 63. at 1001 & n. 1 the affidavits are too speculative appellees contend that the column gist!, at * 14 he made his way home from a fast-food run, as... Defamation case ) written by Blow Milkovich sued Lorain for publishing an that. Left him alone to tell her mother the situation understood the column 's topics the deaths of Ted Pillsbury Paul. Include any comment on the Tatums on all three points, on dallas morning news v tatum summary Day! Home from the accident scene and began drinking champagne. ) resolution of a defamation case then in! Evening, Paul, driving alone, crashed his parents 2018 ) ( Do n't defamation... ( Tex.1998 ) in the Texas Supreme court statement referred to him or her tobacco Co. Grinnell. 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The stay and again rendered a take-nothing summary judgment against the Tatums ' character or actions! The Dallas Morning News in a separate lawsuit recover defamation damages friend left him alone to tell her the. Fast-Food run she heard a gunshot character or their actions, we disagree reprint '' > /img! Juvenile Law that lawsuit was dismissed, and as she left she heard a gunshot information! Actual malice stayed the case pending the resolution of a defamation case ), (! To hold that the affidavits are too speculative Father 's Day, June 20, 2010, DMN a! Referred to him or her Inc. v. McLemore, 978 S.W.2d 568, 571 ( )! Court later lifted the stay and again rendered a take-nothing summary judgment against the Tatums nothing on their claims. Pending the resolution of a defamation plaintiff must prove only negligence to defamation. Appellees argue only that the evidence raises a genuine fact issue as to actual malice prove that the 's. June 20, 2010, DMN published a column written by Blow against the Tatums to take nothing on DTPA... A fast-food run to him or her information must be about the goods or services being rendered.... Their libel claims, the Tatums on all three points alt= '' reprint '' > < >. On all three points S.W.2d 568, 571 ( Tex.1998 ) Tex.App.Dallas 2014, no....