Beck v. Lone Star Broadcasting, Co.

970 S.W.2d 610, 1998 WL 148611
CourtCourt of Appeals of Texas
DecidedMay 29, 1998
Docket12-96-00179-CV
StatusPublished
Cited by9 cases

This text of 970 S.W.2d 610 (Beck v. Lone Star Broadcasting, Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beck v. Lone Star Broadcasting, Co., 970 S.W.2d 610, 1998 WL 148611 (Tex. Ct. App. 1998).

Opinion

RAMEY, Chief Justice.

This appeal arises from a summary judgment against the Appellant, H. Zane Beck (“Beck”), who was the plaintiff in a suit for defamation and intentional infliction of emotional distress. Beck alleged that television station KETK and other defendants connected to the station (collectively, “Appellees”) defamed him in a series of reports regarding the Tyler Independent School District (“TISD”) and a criminal investigation into his involvement in TISD’s search for a “Preferred Provider Organization” for their healthcare insurance program. Beck raises six assignments of error attacking the summary judgment; we will affirm.

In 1993, when Beck was the Assistant Superintendent for Business Services for TISD, a controversy arose over TISD’s selection of a Preferred Provider Organization. Apparently, once an investigation into the controversy was made, Beck became the central figure, and he claims that he was wrongfully suspended and then terminated by TISD as a result of the controversy. Beck claims that KETK and its employees defamed him by accusing him of bid-rigging and racketeering. Though there is some dispute as to the facts, it appears that TISD’s search for a Preferred Provider Organization became a competition between the two largest hospitals in Tyler: East Texas Medical Center (“ETMC”) and Mother Frances Hospital (“MFH”). Beck allowed Tom Slack, TISD’s third-party insurance administrator, to show officials at ETMC the bid proposal presented by MFH to TISD; allegedly, this enabled ETMC to underbid MFH to become TISD’s preferred provider. Beck maintains that the proposals submitted by the hospitals were not part of a competitive bidding process and that in showing MFH’s bid to ETMC he was attempting to negotiate a better contract for TISD. He contends that KETK consistently misrepresented his actions in their news stories on the subject by reporting “bidding irregularities” that “could have cost taxpayers one-and-a-half million dollars.” Beck claims that KETK also falsely reported that he submitted a letter of resignation twice but that the school superintendent refused to accept it.

According to Beck’s affidavit, the videotape exhibits in the record show that the station’s news anchorman reported that “an assistant Tyler school superintendent intentionally allowed bids to be rigged” and that the FBI and a grand jury were investigating whether Beck had received any payment for letting ETMC see MFH’s bid. Beck asserts that these allegations were repeated in other KETK broadcasts. The Appellees contend that their broadcasts contained none of the accusations Beck complains of but that every report of wrongdoing was qualified with such terms as “reportedly” and “allegedly.” The Appellees submitted several transcripts of the KETK broadcasts to the trial court. Beck alleges that these scripts do not accurately reflect what was said over the airwaves by KETK’s reporters and anchormen. Beck claims that because of these allegedly false and defamátory statements, he suffered emotional distress and was forced to take employment that paid less.

It is well settled that in order to obtain summary judgment, the movant must prove that there is no genuine issue as to any material fact and that it is entitled to judgment as a matter of law. Johnson County Sheriff's Posse, Inc. v. Endsley, 926 S.W.2d 284, 285 (Tex.1996) (citing Tex.R. Civ. P. 166a(c); and Nixon v. Mr. Property Management Co., 690 S.W.2d 546, 548 (Tex.1985)). When reviewing a summary judgment, the appellate court must accept as true all evidence favoring the nonmovant, and it must indulge every reasonable inference and resolve all doubts in the nonmovant’s favor. Endsley, 926 S.W.2d at 285. Because they were the defendants in the instant case, the Appellees were entitled to summary judgment only if they conclusively negated at least one element of each of Beck’s causes of action or conclusively established all of the elements of an affirmative defense. Id. (citing Cathey v. Booth, 900 S.W.2d 389, 341 (Tex.1995)). When reviewing a summary judgment, the courts of appeals should consider all the grounds for summary judgment that the trial court rules on and that the movant preserves for appellate review; fur *613 thermore, in the interest of judicial economy, the appellate courts may consider any other grounds preserved for review but not ruled upon by the trial court. Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623, 626 (Tex.1996).

The trial court’s judgment in the instant case does not specify the grounds upon which summary judgment was granted. Nevertheless, we note that at the hearing on .the motion for summary judgment, the trial court stated that she based her decision on the fact that Beck was a public official and that he had failed to counter the Appellees’ proof of the absence of malice. The court concluded with the following pronouncement:

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the Defendants [Appellees] have presented the proof that is required, summary judgment proof to disavow any deliberate falsification or doubt as to the truthfulness of the published statement. The Plaintiff [Beck] has come forward but, however, I believe with insufficient controverting proof as to actual malice. Therefore, the Defendant’s motion for summary judgment is granted.

Apparently, therefore, the summary judgment rests primarily on the issue of actual malice, one of the elements of Beck’s defamation claim. Under the standard first enunciated by the United States Supreme Court in New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), in order for a public official to sustain a suit for defamation, he must “prove that the defendant (1) published a statement; (2) that was defamatory concerning the public official ...; and (3) that the false statement was made with actual malice.” Carr v. Brasher, 776 S.W.2d 567, 569 (Tex.1989) (citing Sullivan, 376 U.S. at 279-80, 84 S.Ct. at 725-26). A defamatory statement of fact is made with actual malice when it is made “with knowledge that it was false or with reckless disregard of whether it was false or not.” New York Times Co. v. Sullivan, 376 U.S. at 280, 84 S.Ct. at 726, 11 L.Ed.2d at 706. The Texas Supreme Court has further explained the concept of actual malice:

Actual malice, as used in defamation cases, is a term of art which is separate and distinct from traditional common law malice. It does not include ill will, spite or evil motive, but rather requires “sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.” St. Amant v. Thompson, 390 U.S. 727, 731, 88 S.Ct. 1323, 1325, 20 L.Ed.2d 262, 267 (1968).

Casso v. Brand, 776 S.W.2d 551, 558 (Tex.1989); accord, Hagler v. Proctor & Gamble Mfg. Co., 884 S.W.2d 771, 771-772 (Tex.1994); Carr v. Brasher, 776 S.W.2d at 571.

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970 S.W.2d 610, 1998 WL 148611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beck-v-lone-star-broadcasting-co-texapp-1998.