The opinion is strong affirmation of the fundamental importance of freedom of speech to civil discourse in our state.". Did appellees conclusively prove the fair comment privilege? 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. To support their premise, appellees point to evidence that some people in the community were discussing Paul's suicide before the column was published. Additionally, the summary judgment evidence established that the Tatums were out of town the day the column was published. We agree that the column's gist associates the obituary with deception, which denotes an intention to deceive, often for personal advantage. 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. 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. Immigration Law We thus conclude that Denton Publishing Co. is still controlling law. 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. At issue is. Appellees also argue that the column cannot reasonably be read to suggest that Paul had a mental illness. The Tatums son shot himself hours after he was involved in a serious car crash in 2010, according to court records. Did you know that almost twice as many people die each year from suicide as from homicide? Id. We agree with the Tatums. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. We conclude otherwise. WFAATV, Inc.,978 S.W.2d at 572. Crediting the Tatums' evidence as we must, we conclude that a reasonable factfinder could find that the column's gist was false. But recent Texas defamation cases may suggest that the plaintiff always has the burden of proving falsity. 71-288 Decided by Burger Court Lower court United States Court of Appeals for the District of Columbia Circuit Citation 408 US 1 (1972) Argued Mar 27, 1972 Decided Jun 26, 1972 Advocates 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. 5. We agree with the Tatums. Civil Rights Applicable Law and Summary Judgment Grounds. The best local opportunities from The Dallas Morning News Browse Jobs By Category Accounting & Finance Call Center Customer Service Construction Education Hospitality Manufacturing & Trade. denied) (mem.op.) In re Lipsky, 460 S.W.3d at 596. Newspapers don't write about suicides unless they involve a public figure or happen in a very public way. 17.50(a)(1)(A)(B). After West's election, Thomson ran columns asserting that before the election West had opposed a proposal that the town should purchase a municipal power system, but that he changed his position after he was elected. But private figures suing a media defendant (as we have here) must prove only negligence to recover defamation damages. The test here is whether the defamatory statement is verifiable as false. Arbitration & Mediation ERISA See id. Appellees' contrary argument fails on the first prong we referenced abovethe existence of a public controversy for the Tatums to participate in. See Waste Mgmt. 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. Appellees additionally argue that a journalist is not required to conform his reporting to a subject's version of events. The column was not capable of the defamatory meaning ascribed by the Tatums. As the Tatums urge, the service they bought was Paul's obituary. About three months later, they filed an amended traditional and no-evidence summary judgment motion. DMN counterclaimed for its attorneys' fees under the DTPA. For the reasons discussed below, we conclude that their cases are distinguishable or otherwise unpersuasive. Criminal Law 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. We're open these days with just about every form of death except onesuicide. Similarly, in Bentley the Texas Supreme Court considered whether repeated statements that a particular judge was corrupt were nonactionable statements of opinion. We agree with the Tatums on all three points. Texas Supreme Court Appellees also direct us to Haynes v. Alfred A. Knopf, Inc., 8 F.3d 1222 (7th Cir.1993). Thus, Blow had a motive not to learn if there was any explanation for the way the Tatums chose to write the obituary other than the supposed desire to deceive the obituary's readers. It does not mention those proceedings, nor does it report any statements or findings made in the course of those proceedings. We do not consider the defamatory statement itself in determining whether the plaintiff is a public figure. Find an Obituary. We agree with the Tatums. The column, captioned Shrouding suicide leaves its danger unaddressed, criticized people who are dishonest about loved ones' suicides. Contact us. Id. The Tatums timely responded. We also conclude that the evidence raises a genuine fact issue as to actual malice. Bus. 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. 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. 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. featuring summaries of federal and state Supreme Court of Texas. Here, the column did not mention Paul or the Tatums by name. But it's such a missed opportunity to educate.. 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. Id. denied), further supports this conclusion. Neely, 418 S.W.3d at 70. See Tex. 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.. at *4. Placing the burden of proving truth or falsity is a complex matter. Herald, Inc., No. 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. To the extent a negligence standard applies, there was no evidence of negligence. We resolved that case, however, without deciding the issue because the placement of the burden there would not have affected the outcome.Although Turner contains a passing remark in dicta that a defamation plaintiff must prove that the publication is not privileged, 38 S.W.3d at 115, it does not cite Denton Publishing Co. or hint that it overrules that case's holding that privilege is an affirmative defense, 460 S.W.2d at 885. 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. 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. 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. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW v. JOHN TATUM AND MARY ANN TATUM Oral argument was held on January 10, 2018. In that case, Milkovich sued Lorain for publishing an article that essentially accused him of perjury. Id. 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). Whether a statement is a statement of fact or opinion is a question of law. This opinion should not be construed to hold that the column necessarily defamed the Tatums. C.Procedural History and Appellate Issues. 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. See Neely, 418 S.W.3d at 61. Subscribe https://t.co/MqPw2ZUctn But a statement couched as an opinion may be actionable if it expressly or implicitly asserts facts that can be objectively verified. The gist is that they stated a false cause of death, shrouded Paul's suicide in secrecy, intended to mislead and deceive the readers, and may have wanted to conceal Paul's mental illness and their own failure to intervene. Id. Sch. Copyright 2023, Thomson Reuters. A. 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. Listen, the last thing I want to do is put guilt on the family of suicide victims. Through honesty, she's trying to erase some of the shame and stigma that compounds and prolongs mental illness. But the Tatums adduced evidence of more than a mere negligent investigation. Family Law Because we see no matching argument in appellees' amended motion for summary judgment, that argument is not properly before us. 6. The trial court granted Defendant's motion to dismiss Plaintiffs' action under the Texas Citizens Participation Act. We agree with the Tatums. 27.001.011. See DuncanHubert v. Mitchell, 310 S.W.3d 92, 103 (Tex.App.Dallas 2010, pet. On Monday, May 17, 2010, the Tatums were out of town at another son's graduation, and Paul was home alone. Government & Administrative Law Dec 19, 2022 "Sooner or later someone is going to have to give this area credit for good coaching, good kids and good programs." App.Dallas Dec. 30, 2015, pet. 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. Appellees make a threshold argument that the Tatums must satisfy the standard for libel per se because they did not plead or prove libel per quod or special damages. In cases not covered by these mandates, Texas has generally made truth an affirmative defense to defamation. Morbid curiosity, they call it apologetically. Did the Tatums raise a genuine fact issue regarding whether the column was neither true nor substantially true? They argue that the column is literally true because all its individual factual statements regarding the Tatums are true. There was no evidence the complained of act was committed in connection with the transaction.. Did the Tatums raise a genuine fact issue that appellees acted with the necessary degree of culpability? 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. at 6667. This site is protected by reCAPTCHA and the Google. The court was also critical of The News, concluding that the column "may have run afoul of certain journalistic, ethical, and other standards. We're nearly obsessed with crime. Bentley, 94 S.W.3d at 591 (footnotes omitted). 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. The trial court granted summary judgment for Petitioners. The Tatums' first appellate issue argues that the trial court erred by granting summary judgment on their libel claims. To the contrary, the column's tone is generally sober, and it purports to be grounded in factual details such as the circumstances of Pillsbury's and Paul's deaths, data about the prevalence of suicide among young people, and Julie Hersh's public efforts to reduce the shame and stigma surrounding mental illness. Antitrust Appellees, however, counter that no ordinary reader would think the column defames the Tatums. We are unpersuaded by appellees' contrary arguments. But, here he did not attempt to contact the Tatums before publishing the column at issue in this case. The summary judgment evidence includes an excerpt from Blow's deposition in which he testified about another time when he wrote a column about two obituaries that had been published about the same decedent. 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. 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. The column was privileged as a fair, true, and impartial account of official proceedings. Become a business insider with the latest news. May 11, 2018. at 10. Transportation Law Id. Finally, appellees cite West v. Thomson Newspapers, 872 P.2d 999 (Utah 1994). Prac. 1. Am. 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. Laird v. Tatum | Oyez Laird v. Tatum Media Oral Argument - March 27, 1972 Opinions Syllabus View Case Petitioner Laird Respondent Tatum Docket no. Prac. And for us, there the matter ended. But appellees do not explain how the column amounts to rhetorical hyperbole. Before Justices Lang, Fillmore, and Whitehill Opinion by Justice Whitehill 07060041CV, 2007 WL 1098476, at *4 (Tex.App.Amarillo Apr. Appellees further argue that the column does not omit or juxtapose facts in such a way as to make its gist false. Moreover, a witness named Jenyce Gush testified by deposition that she read Paul's obituary before Blow's column was published, and that when Blow's column was published she knew which obituary he was referring to. 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). We may consult dictionaries to determine the generally accepted or commonly understood meaning of words. We agree with the Tatums' second argument and thus do not address their first. Did the Tatums raise a genuine fact issue that DMN violated 17.46(b)(24)? Daily resource for best restaurants in Dallas, recommendations for things to do, local news and commentary on life in Dallas. Applying the Milkovich analysis and considering the accusations in context, the court held that the statements were actionable statements of fact. Turner v. KTRK Television, Inc., 38 S.W.3d 103, 119 (Tex.2000). 5. I'm a big admirer of Julie Hersh. Waste Mgmt. Banking We are not necessarily convinced that Knopf's first statement about Haynes was an unverifiable opinion. Id. The Dallas Morning News published the obituary on May 21, 2010. The Dallas Morning News Access ePaper Optimized for your device. 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.). This case involves libel, which is a defamation expressed in written or other graphic form. Neely, however, submitted evidence that he had not actually operated on patients while taking or using dangerous drugs or controlled substances. 13, 2015, pet. Civ. The Tatums also filed copies of a number of emails bearing on the subject. DC-11-07371 . 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. Trusts & Estates Issue One: Did the trial court err by dismissing the Tatums' libel claims? Paul died from a gunshot wound to the head. Medical Malpractice Injury Law Justice Brown delivered the unanimous . hbbd``b`@q?`]$^@' BD A:X %@b5$t.#'PFF 6 Dallas Morning News Leading daily newspaper serving the Dallas-Fort Worth area. It has received nine Pulitzer Prizes since 1986, as well. In his affidavit, Blow said that he wrote the column to express his opinion that it is troubling that society allows suicide to remain cloaked in secrecy and deception, and that secrecy about suicide leaves us greatly underestimating the danger of it. He also testified by deposition that if he discovered a deception, a misleading obituary, that's fair game for commentary. Additionally, Julie Hersh testified by deposition that she met with Blow before he published the column and that they were both outraged by the lack of discussion about suicide. Reckless disregard means that the publisher entertained serious doubts about the publication's truth or had a high degree of awareness of the publication's probable falsity. The column's headline and opening sentence announce that deception and secrecy are the column's topics. Turner, 38 S.W.3d at 114. The Tatums timely filed a second notice of appeal. 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. Appellees filed a traditional and no-evidence summary judgment motion. I think it's part of our survival mechanism. Energy, Oil & Gas Law In re Lipsky, 460 S.W.3d 579, 593 (Tex.2015) (orig.proceeding). 051400566CV, 2015 WL 1138258 (Tex.App.Dallas Mar. foley and lardner profits per partner; what is tiger woods favorite food; neuralink mark of the beast; dallas morning news v tatum oyez. 73.001. at *13. 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. 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. Id. 0 In addition to their libel claims, the Tatums also asserted DTPA claims against DMN. 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. denied). Austin v. Inet Techs., Inc., 118 S.W.3d 491, 496 (Tex.App.Dallas 2003, no pet.). There was a car crash, all right, but death came from a self-inflicted gunshot wound [page break] in a time of remorse afterward. Sympathy Ideas. The Tatum filed suit alleging libel and libel per se against Petitioners alleging that the column at issue defamed them. Moreover, a public figure must prove actual malice by clear and convincing evidence. of Tex., Inc., 434 S.W.3d at 15657. The official Dallas Morning News Twitter account. Did the Tatums raise a genuine fact issue regarding whether the column was about them? The Tatums argue that an accusation of deception is verifiable and therefore actionable, while appellees argue that it is not. 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. O. V. THE DALLAS MORNING NEWS, INC. AND STEVE BLOW, Appellees . at 187. Rhetorical hyperbole is extravagant exaggeration employed for rhetorical effect. But Tomaso and Sherrington were also deposed, and they both testified that they did not remember having a conversation with Blow about Paul's death. 186 0 obj <> endobj Am. Please try again. We therefore decline to follow West. c.Was the column's gist substantially true? This meaning is defamatory because it tends to injure the Tatums' reputations and to expose them to public hatred, contempt, or ridicule. 12, 2007, pet. Rather, we conclude only that it is capable of having that meaning. More recently, a paid obituary in this newspaper reported that a popular local high school student died as a result of injuries sustained in an automobile accident.. My column told them nothing they didn't already know. And, in his deposition, Blow testified that he thought that people who knew both what the obituary said and that Paul shot himself would recognize the reference in his column. Legal Ethics 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. Real Estate & Property Law But averting our eyes from the reality of suicide only puts more lives at risk. Grief Support. (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. 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. (quoting Bell Publ'g Co. v. Garrett Eng'g Co., 170 S.W.2d 197, 204 (Tex.1943)). Thus, they must prove only negligence to recover compensatory damages. See Neely, 418 S.W.3d at 61. Bentley, 94 S.W.3d at 591; see also N.Y. Times Co. v. Sullivan, 376 U.S. 254, 27980 (1964). 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. 73.001; Am. Intellectual Property See id. See Neely, 418 S.W.3d at 63. Accordingly, because there is no evidence of a public controversy that could make the Tatums limited-purpose public figures, we conclude that the Tatums are private figures for purposes of this summary judgment appeal. WFAATV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). Thus, the column does not qualify for the official proceeding privilege. 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. Court. B. Heritage Capital, 436 S.W.3d at 875; Main v. Royall, 348 S.W.3d 381, 389 (Tex.App.Dallas 2011, no pet.). See id. 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. 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. 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. Id. The Tatums sued both appellees for libel and libel per se. But I don't think we should feel embarrassment at all. The new Dallas Morning News app combines two apps into one. We perceive no extravagant exaggeration in the column. at *1314. The next seven paragraphs describe two recent occurrences meant to illustrate Blow's pointthe events surrounding the deaths of Ted Pillsbury and Paul Tatum. 7. Two, they did not mention suicide in the obituary because (i) they believed it would give a false impression that Paul committed suicide as a result of depression or other mental illness and (ii) they did not feel it would honor Paul's memory to include morbid details about his death or to include overly scientific information. Appellees, however, do not contend that the Tatums are public officials or general-purpose public figures. Moved Permanently. Neely, 418 S.W.3d at 70. It then denied rehearing on September 28, 2018 File Closed Opinions Issued Case Events Parties and Counsel Opinions May 11, 2018 Did appellees conclusively prove the official proceeding privilege? 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. 2. His testimony demonstrates his training and expertise in the field of accident reconstruction. We long ago stated that it is the settled law of Texas, that a false statement of fact concerning a public officer, even if made in a discussion of matters of public concern, is not privileged as fair comment.. 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. People who were familiar with the situation understood the column to refer to Paul and his parents. The plaintiff must also prove damages unless the defamatory statements are defamatory per se. 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. Although the West court acknowledged and purported to apply the Milkovich analysis, it disregarded Milkovich's conclusions that accusing a person of being a liar or committing perjury can be sufficiently verifiable to constitute an actionable statement of fact rather than a nonactionable opinion. Backes, 2015 WL 1138258, at *14. We conclude that the evidence raised a genuine fact issue as to negligence. 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?. The column's gist is not simply that the Tatums omitted the fact that Paul committed suicide from the obituary. Defamation has two forms: slander and libel. ); see also Civ. Phila. 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. 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 Tatums argue that the service at issue is publishing the obituary. But the standards governing the law of defamation are not among them. 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. Avila v. Larrea, 394 S.W.3d 646, 658 (Tex.App.Dallas 2012, pet. It took a while for honesty to come to the AIDS epidemic. Commercial Record Daily Business newspaper published in Dallas, Texas. at 66. Their traditional grounds were: The column was not of and concerning the Tatums. Prac. 051401318CV. dallas morning news v tatum oyezsims 4 university homework cheat. at 122627. See id. 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.
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