CASES ARCHIVE Defamation Case Against Gallatin News Examiner Libelous Newspaper Article Results In An
$800,000 Jury Verdict Plaintiff, a seventeen year old Gallatin High School Senior, walked into school one morning to a host of student laughter and ridicule. On February 21, 1997, the Gallatin News Examiner published defamatory statements about the Plaintiff which were, by the editor's own admission, the most filthy, vulgar, and sexually explicit words ever printed in a main stream newspaper in American history. The article accused the Plaintiff of engaging in bestiality and homosexual behavior. A reporter had inserted the defamatory language in a sports article as a "joke" to shock his editor. The reporter expected the sports editor to delete the language prior to publication. Ironically, the reporter knew that the editor was a notoriously poor proofreader. The editor failed to proofread the article which was published to 15,000 subscribers in Gallatin, Tennessee, Sumner County and surrounding communities, not to mention the number of papers sold at newsstands. In addition, the article was reported in the Nashville Banner, The Tennessean, the AP Wire, the Nashville Scene, the Knoxville News Sentinel, CNN, WKRN-Channel 2, WTVF-Channel 5, WSMV-Channel 4, and five radio stations including an evening talk show. Despite notice of the defamatory article at 5:30 A.M. on the morning of publication, the newspapers from some 165 newsstands across the county. Although the Newspaper published an "apology" three (3) days later, no one from the newspaper ever personally apologized to the Plaintiff. In addition, the "apology" contained errors as well. As part of his claim for punitive damages based on reckless conduct, the Plaintiff proved that the reporter had previously typed in jokes about other citizens prior to the publication of the defamatory article. In fact, the sports editor himself engaged in some of these jokes with the reporter. The Plaintiff sued the newspaper as well as Gannett Company, the largest Newspaper Company in the world. Gannett contended that it was not liable for the newspaper's tortuous conduct because it was a parent company. However, the newspaper bore Gannett's copyright. Gannett micromanaged every facet of the newspaper's operation and inserted its own Unit Manager as the publisher of the newspaper. Gannett filed an amended answer, in the lawsuit, admitting that it was vicariously liable for the conduct at the newspaper. The jury found that both Gannett and the newspaper were liable. The article had a significant impact on the Plaintiff's life. He was a model student, athlete, and "son every mother would like to have." He is deeply religious and took the article very seriously. He always feels the need to explain the circumstances of the article so others will not believe he is some kind of "pervert". His psychiatrist diagnosed an Adjustment Disorder caused by the ordeal that will require future counseling. The Plaintiff even had to change his name so people would not recognize him as the subject of the article. After an eight day trial, the jury awarded the Plaintiff $500,000 in compensatory damages and $300,000 in punitive damages. Pursuant to Hodges v. Toof, the trial judge approved the entire punitive damages award. Comments:
On February 21, 1997, the Gallatin News Examiner, a newspaper owned by The Gannett Company, published an article about our client which contained, by admission of the newspaper's editor, the most obscene, vulgar, and sexually explicit language ever printed in a main stream newspaper in American history. A reporter typed the article into the computer and included a profane joke about our client to "shock" his editor. Unfortunately, the editor was a poor proofreader and failed to delete the offensive language prior to publication. The reporter admitted that he had left a "ticking time bomb" in the computer, and took no precautions to prevent publication of the article. The article had a terrible effect upon our client. He was a senior at Gallatin High School when this article was published. By all accounts, he was an excellent student, athlete, gentleman, and "son every parent would like to have." He came from a family with an impeccable reputation. Our client sought psychiatric help because he reacted to the article very seriously. The psychiatrist recommended further counseling.
Some people tend to believe that this article was merely a joke that did very little harm. Unfortunately, our client has been the butt of jokes in many instances both in this community and elsewhere. He feels the constant need to explain to others the circumstances of the article so they will not think of him as some kind of "pervert." He is a deeply religious young man who was quite sensitive about the article's reference to homosexuality. He also fears the need to explain the circumstances of this article to his future wife and children. The newspaper never made an effort to settle the case prior to trial. Our client engaged us to vindicate him, and more importantly to make sure this never happens to any other citizen of Sumner County. The proof showed that the newspaper has a constant problem of proofreading its articles. Contrary to media reports, the evidence showed that this reporter had typed other jokes about Sumner County citizens into his articles. Curse words were sometimes used by this reporter in his jokes. Even after the article was published, there were problems with proofreading at the paper. The jury awarded our client $500,00 in compensatory damages and $300,000 in punitive damages for a total verdict of $800,000. We hope that the jury's verdict will send a message to the newspaper and Gannett Company that this conduct will not be tolerated in Sumner County. The newspaper should take its responsibility for accurate journalism very seriously. Only time will tell if the newspaper got the message. Attorneys at Law
629 East Main Street
Hendersonville, TN 37075
Phone: (615) 824-3703 OR Toll-free (888) 824-3400
Fax: (615) 824-2674 OR (615) 822-7339
Email: kellykellyallman@aol.com Tractor Trailer Accident Resulting in Brain Injury Tractor Trailer Blocks Highway and Causes Collision--$500,000 Wilson County Settlement for Severe Closed Head Injury Plaintiff, a 58-year-old rubber plant worker, was driving his car at 4:40 in the morning on his way to work. There was a light mist obscuring his view in either direction of a two-lane highway. A tractor-trailer truck was backing across the highway into a driveway adjacent to the rubber plant. Two lights on the side of the trailer were burned out in violation of ICC Regulations. Moreover, the tractor trailer truck driver did not have his hazard lights "on". The plaintiff never saw the trailer that was obscured by the mist and crashed into the rear tandem axle. A third driver saw the Plaintiff's car explode right in front of him, and inadvertently struck the rear quarter panel of the Plaintiff's car in an attempt to avoid a collision. The Plaintiff was transported to the University Medical Center Emergency Room in Lebanon and then sent to Vanderbilt University Medical Center. The Plaintiff sustained fractured ribs, multiple lacerations about the face, multiple contusions, a cracked orbit, and a closed head injury. His neurosurgeon testified that the Plaintiff had suffered a bruise to the brain that caused permanent cognitive difficulties. A neuropsychologist was of the opinion that the Plaintiff was severely impaired, unable to work, and would be institutionalized in the near future. Plaintiff's counsel also retained a life care planner to evaluate the cost of future care at a nursing home or other boarding facility. The Defendants contended that the Plaintiff was an alcoholic and that much of his cognitive impairment was due to alcohol consumption. Two days before trial, the Defendants paid $500,000 to settle the case. Attorneys at Law
629 East Main Street
Hendersonville, TN 37075
Phone: (615) 824-3703 OR Toll-free (888) 824-3400
Fax: (615) 824-2674 OR (615) 822-7339
Email: kellykellyallman@aol.com Car Accident Resulting in Neck and Back Injury Rear-End Collision Causes Bulging Disks in the Neck and Back Aggravation of Pre-Existing Injury Results in $250,000 Settlement Plaintiff was driving on an exit ramp when he was rear-ended by a truck owned by Lojac, a large construction company in Middle Tennessee. The Plaintiff, a 52-year-old assembly line factory worker, had previously served in the military for 20 years. He was honorably discharged in 1988. With a 10% disability resulting from a back injury. The rear-end collision was the third or perhaps fourth back injury the Plaintiff had sustained within 20 years. He was treated by a neurosurgeon, from Nashville, who repaired a bulging disk in the lumbar area. The neurosurgeon testified in his deposition that the Plaintiff's pre-existing back injury had been aggravated by the wreck. The Defendant hired a neurosurgeon who testified that the wreck did not aggravate the Plaintiff's pre-existing back condition. After cross-examination with multiple CT and MRI scans from St. Thomas Hospital, as well as records from the Veterans Administration, the Defendant's neurosurgeon conceded that there had been an aggravation of the Plaintiff's pre-existing back injury. The Plaintiff's previous work history had been excellent. As a result of the automobile wreck, he could not perform his duties as an assembly line worker. A vocational expert assigned an occupational disability. Three days prior to trial, the parties settled the case for $250,000.
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