DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.
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.
Awarded: $800,000.00
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Kelly, Kelly and Allman
629 East Main Street
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Phone: (615) 824-3703
Fax: (615) 824-2674
Toll Free: (888) 824-3400
