Weiner v. Doubleday & Co.

549 N.E.2d 453, 74 N.Y.2d 586, 550 N.Y.S.2d 251, 17 Media L. Rep. (BNA) 1165, 1989 N.Y. LEXIS 4054
CourtNew York Court of Appeals
DecidedDecember 14, 1989
StatusPublished
Cited by78 cases

This text of 549 N.E.2d 453 (Weiner v. Doubleday & Co.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weiner v. Doubleday & Co., 549 N.E.2d 453, 74 N.Y.2d 586, 550 N.Y.S.2d 251, 17 Media L. Rep. (BNA) 1165, 1989 N.Y. LEXIS 4054 (N.Y. 1989).

Opinion

OPINION OF THE COURT

Kaye, J.

The pivotal issue in this libel action, brought by a plaintiff who is not a public figure against the author and publisher of a nonfiction book, is whether defendants’ investigation of allegedly defamatory statements was sufficient to shield them from liability, or whether they "acted in a grossly irresponsible manner without due consideration for the standards of information gathering and dissemination ordinarily followed by responsible parties.” (Chapadeau v Utica Observer-Dispatch, 38 NY2d 196,199.)

Defendant Shana Alexander, a well-known journalist, wrote a book entitled "Nutcracker: Money, Madness, Murder: A Family Album,” published by codefendant Doubleday & Company. "Nutcracker” is a nonfictional exploration of the Salt Lake City murder of Mormon multimillionaire Franklin Bradshaw, a murder which Bradshaw’s then 17-year-old grandson Marc Schreuder was convicted of committing. At a subsequent trial, based on Marc Schreuder’s testimony, his mother— Franklin Bradshaw’s daughter — Frances Bradshaw Schreuder, [591]*591was convicted of planning the murder and dispatching Marc to carry it out.

Although "Nutcracker” attempts to reconstruct the murder and surrounding events, the book is more than a blow-by-blow account of the crime. Rather, it purports to be a searching inquiry into the Bradshaw family’s history of emotional disturbance, with particular focus on family influences in the formation of Frances Schreuder’s personality. Schreuder is portrayed as a person whose deep emotional disturbances were manifested in varied extreme forms, including child abuse, persistent lying and two stormy, broken marriages. The primary sources of Alexander’s psychological portrait are the other members of the extended Bradshaw family and Richard Behrens, Frances Schreuder’s only friend and confidant during much of the period covered by the book.

The statements that give rise to this defamation action appear in a section of "Nutcracker” that is prefaced as follows: "Details of Frances’s domestic existence must of necessity be reconstructed from the recollections of other members of her always carefully locked and guarded household: children, ex-husbands, ex-servants, Behrens and Berenice [Schreuder’s mother] — her only visitors. Not the best of sources in any circumstances, especially these”. Sevéral pages later appear the two paragraphs that contain the book’s only reference to plaintiff:

"In 1966 Frances put herself for two years under the care of a Park Avenue psychiatrist named Herman Weiner, who seems to have encouraged his patient to stand up to her overprotective mother. Berenice was attempting to infantilize her, Frances decided. She told Marc that Granny had a neurotic need for 'babies to smother,’ which could account for Berenice’s intense dislike of the man she began to habitually refer to as 'Weenie, the big, fat, ugly Jew.’
"Robert Reagan remembers Dr. Weiner arriving in court to testify for Frances, during the divorce proceedings, eccentrically costumed in bright red slacks and a loud plaid jacket. Marilyn Reagan remembers the size of one of his bills: Frances owed her psychiatrist $3,000. 'My understanding was that her problem was inability facing reality,’ says Marilyn. The huge unpaid bill made her [592]*592sister think it might be the psychiatrist who had this problem, not his patient. Later, when Behrens claimed that 'Frances always slept with her shrinks,’ the Reagans said they were not at all surprised. They’d suspected 'hanky panky,’ they confessed. Berenice has said the same.”

Plaintiff contends that the sentence "Frances always slept with her shrinks,” read in the context of the rest of the paragraph, defamed him, as it falsely accused him of having sexual relations with his patient.

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Bluebook (online)
549 N.E.2d 453, 74 N.Y.2d 586, 550 N.Y.S.2d 251, 17 Media L. Rep. (BNA) 1165, 1989 N.Y. LEXIS 4054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weiner-v-doubleday-co-ny-1989.