Read v. Phoenix Newspapers, Inc.

805 P.2d 1062, 167 Ariz. 241, 72 Ariz. Adv. Rep. 60, 1990 Ariz. App. LEXIS 348
CourtCourt of Appeals of Arizona
DecidedOctober 30, 1990
DocketNo. 1 CA-CV 89-176
StatusPublished
Cited by4 cases

This text of 805 P.2d 1062 (Read v. Phoenix Newspapers, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Read v. Phoenix Newspapers, Inc., 805 P.2d 1062, 167 Ariz. 241, 72 Ariz. Adv. Rep. 60, 1990 Ariz. App. LEXIS 348 (Ark. Ct. App. 1990).

Opinion

OPINION

VOSS, Presiding Judge.

We review the summary judgment granted defendants-appellees against plaintiff-appellant on his libel claim. The Arizona Republic (Republic) twice reported that Thane Read was sentenced for firing a gun after a motorist accidentally leaned on her car horn. The Phoenix Gazette (Gazette) reported that Read was sentenced after displaying a gun to a motorist who accidentally leaned on her horn. Read was actually convicted of exhibiting a deadly weapon not in self-defense to someone other than the motorist in a confrontation following the horn-blowing incident. We conclude that the trial court erred in part in granting summary judgment because a jury could find that the Republic’s publications were not substantially true on the ground that they inaccurately identified Read’s crime. Furthermore, the “gist” or “sting” of Read’s conduct in exhibiting a gun differed from the “gist” or “sting” of firing a gun which was the conduct reported by the newspaper. However, the trial court correctly found that the Gazette publication was substantially true, although it inaccurately identified the victim, because it accurately identified the crime. We therefore affirm the summary judgment on that claim.

BACKGROUND

In 1988, Read unsuccessfully ran in a Democratic primary election for the United States House of Representatives. During his campaign, defendants published three articles about him. On August 8, the Republic published an article containing the following statement:

In 1974, Read was sentenced to 24 hours in jail on a misdemeanor charge for firing a gun after a motorist accidentally leaned on a car horn.

On September 11, the Republic published another article containing the following statement:

In 1974, Read was sentenced to 24 hours in jail on a misdemeanor charge when he fired a gun after a motorist accidentally leaned on a car horn.

On August 30, the Gazette published an article containing the following statement:

That same year, he received a 24 hour jail sentence on a misdemeanor charge after displaying a gun to a motorist who accidentally had leaned on her horn.

Actually, Read was convicted for exhibiting a deadly weapon, not in self-defense, to someone other than the motorist at a location well away from the horn-blowing incident. The trial court designated the crime [243]*243a misdemeanor and sentenced Read to one day in jail. Read explains his 1974 conviction in his affidavit filed in opposition to defendants’ motion for summary judgment:

2. An incident occurred in May of 1974 which resulted in his conviction of exhibiting a deadly weapon not in self-defense. The incident occurred after he followed a woman who had blown her car horn at him to a home near his, and attempted to ascertain why she had in fact blown the horn. While in his vehicle at the residence he was attacked by relatives and friends of the woman, and in an effort to defend himself drew a gun. One of the two assailants attempted to grab the gun from his hand and the weapon was discharged without harm to anyone. After the weapon went off, Ed Harmon, the husband of one of the passengers in the vehicle came out of the house and he had a conversation with him after the assailants left the scene. He then left the residence.
3. He was not charged or convicted of firing or discharging a weapon, and was not charged with exhibiting a weapon to either of the two women who had been passengers in the vehicle. He does not believe that the woman who blew the horn was even present when the gun was fired. He was charged and committed [sic] of exhibiting the weapon to the husband of a passenger in the vehicle who came out of the residence after the gun was fired.

In response to defendants’ request for admissions, Read denied that he held the gun when it was fired: “Thane Read did not have control of the gun. It had been grabbed by Mr. Rutherford and his hands were also on the gun.”

Read sued defendants for libel alleging that the defendants had refused his request for a retraction.

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Related

Read v. Phoenix Newspapers, Inc.
819 P.2d 939 (Arizona Supreme Court, 1991)
Heuisler v. Phoenix Newspapers, Inc.
812 P.2d 1096 (Court of Appeals of Arizona, 1991)

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Bluebook (online)
805 P.2d 1062, 167 Ariz. 241, 72 Ariz. Adv. Rep. 60, 1990 Ariz. App. LEXIS 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/read-v-phoenix-newspapers-inc-arizctapp-1990.