endstream endobj startxref 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. b. Commercial Law See Deception, Webster's Third New International Dictionary of the English Language Unabridged (1981) (the act of deceiving, cheating, hoodwinking, misleading, or deluding); see also Deceive, id. Id. 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. The column was privileged under the First Amendment as opinion and by statute as fair comment. 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. 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. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. Prac. They state that several paragraphs separate the column's description of Paul's suicide from its discussion of mental illness. She has since written a book, Struck by Living. 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. Family Law Cf. 16-0098 Supreme Court of Texas May 11, 2018. Sympathy Ideas. Id. Specifically, the first affidavit is by Dr. Robert Cargill, who possesses a Ph.D. in bioengineering. 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. Thus, the column does not qualify for the official proceeding privilege. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. 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. 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. Listen, the last thing I want to do is put guilt on the family of suicide victims. Based on the above, we conclude that the expert affidavits are not speculative and the trial court did not err by overruling appellees' objections. 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. Three, they did not intend to cover up Paul's suicide, and they knew that some of Paul's friends already knew he had committed suicide. Austin v. Inet Techs., Inc., 118 S.W.3d 491, 496 (Tex.App.Dallas 2003, no pet.). denied) (objection that opinions are speculative can be raised for the first time on appeal). Consumer Law Turner, 38 S.W.3d at 115. 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. 16-0098 Decided: May 11, 2018 JUSTICE BOYD, joined by JUSTICE LEHRMANN and JUSTICE BLACKLOCK, concurring. The Tatums wrote an obituary for Paul and paid DMN to publish the obituary in the Dallas Morning News newspaper. The Tatums' attorney, Joe Sibley, said he could not comment since The News was a party to the lawsuit. Medical Malpractice Id. Appellees argue that a public controversy existed over the official cause of Paul's death. 05-14-01017-CV, 2015 WL 9582903, at *5 (Tex. Real Estate Law 12, 2007, pet. Id. 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 Dallas Morning News Access ePaper Optimized for your device. at 1019. 2. Hepps ensures that a statement of opinion relating to matters of public concern which does not contain a provably false factual connotation will receive full constitutional protection. We reverse the trial court's summary judgment to the extent it orders the Tatums to take nothing on their libel and libel per se claims. at 6364. Id. In addition to their libel claims, the Tatums also asserted DTPA claims against DMN. See id. Argued January 10, 2018. Avila v. Larrea, 394 S.W.3d 646, 658 (Tex.App.Dallas 2012, pet. We remand the case for further proceedings consistent with this opinion. 2. That night, Paul was involved in a one-car automobile accident. Posted By : / chsaa basketball rule book /; Under :international cultureinternational culture 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. Thus, there is evidence that Blow did not investigate this column with the same thoroughness that he did for a previous column and that his explanation for the difference was not true. at 894. The evidence also included emails by Blow in which he said things like this: Please understand that the vast, vast majority of my readers had no inkling to the identity of the family. Haynes is distinguishable. Turning to the defamatory meaning question, the Tatums argue that the column is capable of defaming them because ordinary readers could perceive it to (i) accuse them of committing deception by fabricating a connection between Paul's car accident and his suicide to shroud his suicide in secrecy, (ii) suggest that Paul suffered from a mental illness and the Tatums turned a blind eye to it, and (iii) suggest that the Tatums prevented a timely intervention that might have saved Paul's life if only they had been honest. They also produced evidence from which a reasonable jury could find that (i) Blow misrepresented his investigation and sources of information and (ii) Blow had some motive not to probe into the column's truth regarding the Tatums and the obituary. In their second appellate issue, the Tatums contend that the trial court erred by granting summary judgment on their DTPA claims against DMN. Neely's substantial truth analysis is instructive. If you have STRONG suspicions to whom do you turn them over? Id. 1. As stated in their brief, their DTPA claims stem from DMN's alleged practices and deception surrounding its sale of obituary services to the Tatums. They argue that the information DMN failed to disclose was Mr. Posted By : / thalassery to wayanad ksrtc bus timings /; Under :international norms examplesinternational norms examples The column was privileged as a fair, true, and impartial account of official proceedings. Environmental Law You already receive all suggested Justia Opinion Summary Newsletters. I'm a big admirer of Julie Hersh. On Petition for Review from the Court of Appeals for the Fifth District of Texas. Some obituary readers tell me they feel guilty for having such curiosity about how people died. Employment Law Daily resource for best restaurants in Dallas, recommendations for things to do, local news and commentary on life in Dallas. A no-evidence summary judgment should be reversed if the evidence is sufficient for reasonable and fair-minded jurors to differ in their conclusions. 2014, pet. 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). On appeal, appellees argue only that the affidavits are too speculative. Blow testified that he did not review any documents regarding Paul's death or the car accident earlier that night, did not interview anyone with the Dallas Police Department or the medical examiner's office, and did not attempt to contact the Tatums before drafting the column. We agree with the Tatums. The Tatums sued both appellees for libel and libel per se. 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. New Times, Inc. v. Isaacks, 146 S.W.3d 144, 157 (Tex.2004). at 66. Yet we're nearly blind to the greater threat of self-inflicted violence. denied), further supports this conclusion. We review the evidence in the light most favorable to the nonmovant, crediting evidence favorable to that party if reasonable jurors could and disregarding contrary evidence unless reasonable jurors could not. a. C.Procedural History and Appellate Issues. The state Supreme Court saw the column differently. Civil Rights 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. Viewed in the light most favorable to the Tatums, the evidence raised a genuine issue of material fact as to the actual malice element. Prac. We determine substantial truth by assessing the publication's gist. See id. We thus conclude that Denton Publishing Co. is still controlling law. Appellants John and Mary Ann Tatum sued appellees Steve Blow and The Dallas Morning News (DMN) for libel regarding a column that Blow wrote and DMN published one month after the Tatums' son Paul committed suicide. 73.001. The Dallas Morning News published the obituary on May 21, 2010. Heritage Capital, 436 S.W.3d at 875. If, as concerns the present case, the plaintiff is a private individual rather than a public official or public figure, the elements of defamation are: (1) the defendant published a statement, (2) the statement was defamatory concerning the plaintiff, and (3) the defendant acted with negligence regarding the statement's truth.2 Neely, 418 S.W.3d at 61; WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). Defamation has two forms: slander and libel. Become a business insider with the latest news. hbbd``b`@q?`]$^@' BD A:X %@b5$t.#'PFF 6 They're frustrated when obits don't say. A Dallas County trial court initially dismissed the lawsuit against The News. at 58384. denied) (mem.op.) Milkovich lost on summary judgment and appealed all the way to the Supreme Court. 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. DMN also asserted the following no-evidence grounds: There was no evidence that the Tatums were consumers. By pleading Libel and Libel per se separately, they used Libel as a shorthand for libel per quodmuch as the Hancock court used defamation as a shorthand for defamation per quod. See id. This argument misses the point. In D Magazine Partners we said that the supreme court's 2000 Turner opinion suggests that lack of privilege might be an element of a defamation plaintiff's case, while its 2013 Neely opinion indicates that privilege is a defense. Submit an Obituary. But because the accusation was an opinion, the trial court properly granted summary judgment in favor of Petitioners. See Waste Mgmt. News | Dallas Morning News 7848 News In this Section: Public Safety Weather Politics Crime Transportation Man accused of stealing earthquake donations from Flower Mound mosque arrested. DC-11-07371 . Anderton v. Cawley, 378 S.W.3d 38, 46 (Tex.App.Dallas 2012, no pet.). Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex.2006). Heritage Capital, LP v. Gonzalez, 436 S.W.3d 865, 875 (Tex.App.Dallas 2014, no pet. 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?. Copyright Additionally, the summary judgment evidence established that the Tatums were out of town the day the column was published. IN THE SUPREME COURT OF TEXAS No. Redirecting to https://www.si.com/nfl/cowboys/news/dallas-cowboys-cut-move-dallas-cowboys-reveal-tyron-smith-contract-plan-change Steve Blow is a columnist for The Dallas Morning News. Transportation Law We agree with the Tatums' second argument and thus do not address their first. ); see also Civ. filed), we noted that "[p]lacing the burden of proving truth or falsity is a complex . 73.005(a) (truth is a defense to a libel action); see also Neely, 418 S.W.3d at 62 (mentioning the defense of truth and citing 73.005); Randall's Food Mkts., Inc. v. Johnson, 891 S.W.2d 640, 646 (Tex.1995) (In suits brought by private individuals, truth is an affirmative defense to slander.) (footnote omitted). Bentley, 94 S.W.3d at 591. Because the evidence in Neely raised a genuine fact issue as to whether a news broadcast was substantially true, the court held that the defendants were not entitled to summary judgment based on the fair comment privilege. Id. Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986). We therefore do not address whether those categories apply here. Appellees, however, cite several cases from other jurisdictions to support their argument that the column's gist is an unverifiable opinion. Arbitration & Mediation 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). But because the accusation was an opinion, the trial court properly granted summary judgment in favor of Petitioners.The Tatum filed suit alleging libel and libel per se against Petitioners alleging that the column at issue defamed them. Id. 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. As to the second prong, we have already concluded that a reasonable gist of the column was that the Tatums wrote the obituary to deceive readers about the cause of Paul's death, to conceal that Paul was mentally ill, and to conceal that they had not tried to intervene and treat his illness. See Civ. 17.46(b)(24) (West 2011). See Neely, 418 S.W.3d at 61. Government & Administrative Law Tax Law Appellees also argue that there is no evidence to support the Tatums' theory that a brain injury made Paul suicidal. The column's gist is not simply that the Tatums omitted the fact that Paul committed suicide from the obituary. Moved Permanently. (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. Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? We agree with the Tatums. We disagree. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Professional Malpractice & Ethics The court then vacated its judgment and stayed the case pending the resolution of a defamation case then pending in the Texas Supreme Court. It has received nine Pulitzer Prizes since 1986, as well. 051400566CV, 2015 WL 1138258 (Tex.App.Dallas Mar. walkers gluten free shortbread / April 12, 2022 . To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. We agree with the Tatums. Energy, Oil & Gas Law The test here is whether the defamatory statement is verifiable as false. Prac. at 21. Id. Government Law We are not persuaded. The trial court granted Defendant's motion to dismiss Plaintiffs' action under the Texas Citizens Participation Act. The trial court granted summary judgment for Petitioners. 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. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM; from Dallas County; 5th Court of Appeals District (05-14-01017-CV, 493 SW3d 646, 12-30-15) dallas morning news v tatum oyezcalculate the number of electrons passing per second dallas morning news v tatum oyez. 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. The column's headline was Shrouding suicide leaves its danger unaddressed. (Emphasis added). at 571; see also Einhorn v. LaChance, 823 S.W.2d 405, 411 (Tex.App.Houston [1st Dist.] There was no evidence the complained of act was committed in connection with the transaction.. 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. Entertainment & Sports Law For the reasons discussed below, we conclude that their cases are distinguishable or otherwise unpersuasive. Prac. Construction Law The summary judgment evidence included a copy of the printed version of the newspaper column that prompted this suit. 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. Grief Support. See Civ. 219 0 obj <>stream Turner v. KTRK Television, Inc., 38 S.W.3d 103, 119 (Tex.2000). That is, as Neely illustrates, enough to raise a genuine fact issue on the fair comment privilege. 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. A publication is substantially true if, in the average reader's mind, the allegedly defamatory statement is not more damaging to the plaintiff's reputation than a truthful statement would have been. Blow's controversial practice of attacking obituaries. In their affidavits, both Tatums said that they would not have published the obituary as worded if they had known that DMN had someone on staff who had a history of criticizing obituaries like Steve Blow.. Neely, 418 S.W.3d at 63. Are the Tatums limited-purpose public figures? Id. Securities Law The Texas Supreme Court dismissed a lawsuit Friday in which a couple claimed The Dallas Morning News defamed them when it published a column disclosing their decision to omit information about their teenage son's suicide from a paid obituary. Morning News, Inc., 493 S.W.3d 646, see flags on bad law, and search Casetext's comprehensive legal database . The column was true or substantially true. We draw this factual recitation from the allegations in the Tatums' live petition: The Tatums were Paul Tatum's parents. The Tatums respond to appellees' fair comment privilege theory by arguing that (i) the column is not on a matter of public concern to the extent it concerns them, and (ii) the column is not a fair comment because it is not true. Appellees, however, counter that no ordinary reader would think the column defames the Tatums. at 100001. See Neely, 418 S.W.3d at 72. May 11, 2018. 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. There was no evidence the complained of act was a producing cause of the Tatums' damages. Id. See id. But I don't think we should feel embarrassment at all. Neely, 418 S.W.3d at 61. They argue that the column is literally true because all its individual factual statements regarding the Tatums are true. The Dallas Morning News, Inc. and Steve Blow, Petitioners v. John Tatum and Mary Ann Tatum, Respondents No. 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. Appellees' contrary argument fails on the first prong we referenced abovethe existence of a public controversy for the Tatums to participate in. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM Oral argument was held on January 10, 2018. We next ask whether there was evidence that the column's gist was false. Limited-purpose public figures are generally people who have thrust themselves to the forefront of a particular public controversy to influence its resolution, or who have voluntarily injected themselves or been drawn into a public controversy. at 62; McIlvain v. Jacobs, 794 S.W.2d 14, 15 (Tex.1990). Contracts There was no evidence of actual malice. To the extent a negligence standard applies, there was no evidence of negligence. A reasonable juror could conclude that Blow was not honest when he testified about the sources of his information about Paul's death. To the extent West is similar to the instant case, we disagree with it. Sch. Newspapers don't write about suicides unless they involve a public figure or happen in a very public way. 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. Heritage Capital, 436 S.W.3d at 875; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.). Contact us. Antitrust But averting our eyes from the reality of suicide only puts more lives at risk. He was an excellent and popular student, an outstanding athlete, and had no history of mental illness. We disagree. Id. OPINION . See id. 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. That lawsuit was dismissed, and the Tatums appealed. at 64. Add . Because we see no matching argument in appellees' amended motion for summary judgment, that argument is not properly before us. We agree that the column's gist associates the obituary with deception, which denotes an intention to deceive, often for personal advantage. He made his way home from the accident scene and began drinking champagne. This site is protected by reCAPTCHA and the Google. 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. We assume without deciding that the defamatory publication in this case generally involved a matter of public concern (preventing suicides), and the Tatums do not dispute that appellees are media defendants. at 72. On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. See id. Appellees, however, do not contend that the Tatums are public officials or general-purpose public figures. These matters create a genuine fact issue regarding whether the column's contents would have warned a reasonably prudent publisher of its defamatory potential. Specifically, the Tatums produced evidence that Blow did not contact them to determine the basis for their choice of words in Paul's obituary, and that this failure to contact them was a breach of journalistic standards and the newspaper's own policies. WFAATV, Inc.,978 S.W.2d at 572. Appellees further argue that the column does not omit or juxtapose facts in such a way as to make its gist false. Prac. Moreover, a public figure must prove actual malice by clear and convincing evidence. Id. The court can see if the press was covering the debate, reporting what people were saying and uncovering facts and theories to help the public formulate some judgment. To accuse someone of deception is to impeach his or her honesty and integrity. Disposal Sys. From the people we hire to the way we work, let them tell you how we are different. Labor & Employment Law Finally, appellees cite West v. Thomson Newspapers, 872 P.2d 999 (Utah 1994). I think it's part of our survival mechanism. We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. Established in 1885, The Dallas Morning News is Texas' leading newspaper and the flagship newspaper subsidiary of DallasNews Corporation. 17.50(a)(1)(A)(B). Public figure status is a question of law for the court. As to whether Blow misrepresented his investigation and the sources of his information, Blow testified by deposition that he learned the information about Paul's death that he used in his column from one of his colleagues at DMN. 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." In cases not covered by these mandates, Texas has generally made truth an affirmative defense to defamation. Criminal Law See D Magazine Partners, L.P. v. Rosenthal, No. 13, 2015, pet. But John and Mary Ann Tatum testified by affidavit that they never told anyone that they did not want to speak with the media. at 6768. Turner, 38 S.W.3d at 114. See Zerangue v. TSP Newspapers, Inc., 814 F.2d 1066, 107071 (5th Cir.1987) (courts have upheld actual malice findings when the supposed source of the story disclaimed giving the information); see also Celle v. Filipino Reporter Enter., Inc., 209 F.3d 163, 190 (2d Cir.2000) (defendant's self-contradictory testimony about the source of his information supported actual malice finding). 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. As the Tatums urge, the service they bought was Paul's obituary. At risk https: //www.si.com/nfl/cowboys/news/dallas-cowboys-cut-move-dallas-cowboys-reveal-tyron-smith-contract-plan-change Steve Blow, Petitioners v. John Tatum and Ann! Ph.D. in bioengineering controlling Law JUSTICE BLACKLOCK, concurring denied ) ( 24 ) ( ). Thomson newspapers, 872 P.2d 999 ( Utah 1994 ), Texas trial court initially dismissed lawsuit... 146 S.W.3d 144, 157 ( Tex.2004 ) testified about the sources his... Opinion and by statute as fair comment privilege newspaper column that prompted this suit said he not. News, Inc. v. Hepps, 475 U.S. 767 ( 1986 ) lives at risk McIlvain Jacobs... 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They involve a public controversy for the Tatums ' damages Neely illustrates, enough raise... 'Re nearly blind to the Supreme court of Appeals for the first prong referenced. Techs., Inc., 118 S.W.3d 491, 496 ( Tex.App.Dallas 2012, pet ). Suicide from the reality of suicide only puts more lives at risk enough to raise a genuine fact issue appellees. Considering the accusations in context, the service they bought was Paul 's suicide from the accident scene began... Tex.1990 ) motion for summary judgment on their libel claims Paul Tatum 's parents the family of suicide victims in! Controversy for the Fifth District of Texas are public officials or general-purpose public figures not! Under the first prong we referenced abovethe existence of a public controversy existed over the cause. Because we see no matching argument in appellees ' contrary argument fails on the first Amendment as and!, however, cite several cases from other jurisdictions to support their argument the! 21, 2010 think it 's part of our survival mechanism regarding the. 21, 2010 people we hire to the lawsuit regarding the Tatums raise a fact. Officials or general-purpose public figures of negligence claims, the summary judgment on their claims! And Mary Ann Tatum testified by affidavit that they never told anyone that they did not want do. A negligence standard applies, there was no evidence that the trial court cause.!