Dracos, 922 S.W.2d at 255. Using his charm, wit and steak house, he wined and dined the right people into complicit submission. While that may well raise a fact question whether Rumore did indeed act in self-defense, it is not probative of Rumore's subjective attitude toward the truth of the Statements she made. The AP article was picked up by numerous Texas newspapers, as well as newspapers in Charleston, Fort Lauderdale, Chicago, Baton Rouge, and Phoenix. at 423. See Gertz, 418 U.S. at 346, 94 S.Ct. Actual malice is defined as the publication of a statement with knowledge that it was false or with reckless disregard of whether it was false or not. Id. Actual Malice and Burdens of Proof on Summary Judgment. Wamstad's Dallas Del Frisco's restaurant regularly appeared near the top of the "Knife and Fork Club of America's" top-ten list of steakhouses in the country ("Top-Ten List"). Tex. Patrick Williams stated the following in his affidavit: He had editorial responsibility for Stuertz's article, and he found Stuertz a most accurate reporter. That the Media Defendants published her Statements anyway, his argument goes, is evidence of actual malice. 166a(c). Id. Wamstad said the article, which detailed his relationships with his ex-wife, their son, and some of Wamstad's business associates, harmed his reputation. Id. Chamberlain was reportedly perplexed: his advertisement had not mentioned Lincoln by name, and he had used the same advertising concept for nearly five years, which was a list that compared Chamberlain's four-star listing with the three-and-a-half stars enjoyed by Del Frisco's and others, with the recent inclusion of III Forks on the lower-rated list. In an advertisement in the Dallas Morning News, Wamstad reportedly blasted Chamberlain for picking on Dee Lincoln, Wamstad's former partner and current manager of a Del Frisco's restaurant.9 Chamberlain expressed the view that Wamstad wanted to create some publicity for his new steakhouse and was doing it at the expense of Chamberlain's reputation. "General-purpose" public figures are those individuals who have achieved such pervasive fame or notoriety that they become public figures for all purposes and in all contexts. "When the ink was dry on the partition agreement, [Wamstad] began to unravel the web for his own purposes, so that he could reap all of the benefits from selling the very business Ms. Rumore and the community capital had helped to create," say court documents filed on behalf of Rumore. Neither do the actions of the Media Defendants evince a purposeful avoidance of the truth. (quoting Dilworth v. Dudley, 75 F.3d 307, 309 (7th Cir. Id. Wamstad asserts Stuertz mentioned Rumore's pending lawsuit to him but did not tell him he planned to cover Wamstad's business dealings as well. Wamstad is a classic case of a shrewd business guy from out of town who got under the skin of corrupt local public servants. Dale Wamstad - Address & Phone Number | Whitepages r. Civ. Contact us. Details on the shooting from the Dallas Observer: The purse on the sofa held the .25-caliber semiautomatic pistol her husband had given her two years earlier to protect herself when she closed the. On May 26, the Louisiana Supreme Court denied Wamstad's attempt to derail his ex-wife's damage suit seeking a portion of the $22.7 million doled out when Lone Star Steak & Saloon purchased Del Frisco's in late 1995. See Brueggemeyer, 684 F. Supp. Rem. Wamstad's big beef If you think III Forks owner Dale Wamstad--and his 257-year-old alter ego, Capt. Independent evidence is required: Id. The Four Sisters were trying to stare down Dale. Id. Bob Cooper--is a little off his T-bone, you may be right. The Casso court went on to explain that the plaintiff must offer, at trial, clear and convincing affirmative proof of actual malice. independent local journalism in Dallas. Lyons testified on deposition that Williams commented to her that the draft article was libelous as hell, but it won't be when I'm through with it. When asked shortly thereafter about the comment, she stated she thought the statement was partly in jest and partly reflected that he was still working on the story.. Co. L.P., 19 S.W.3d 413, 420 (Tex.2000). (citing Gertz v. Robert Welch, Inc., 418 U.S. 323, 351, 94 S.Ct. Wamstad named as defendants parties associated with the media as well as individuals. She's a great lady Chamberlain was reportedly perplexed: his advertisement had not mentioned Lincoln by name, and he had used the same advertising concept for nearly five years, which was a list that compared Chamberlain's four-star listing with the three-and-a-half stars enjoyed by Del Frisco's and others, with the recent inclusion of III Forks on the lower-rated list. An understandable misinterpretation of ambiguous facts does not show actual malice, but inherently improbable assertions and statements made on information that is obviously dubious may show actual malice. It also includes favorable statements about Wamstad made by his current father-in-law. The divorce judge held that Rumore did not act in self-defense when shooting Wamstad, basing his decision on discrepancies in Mrs. Wamstad's testimony, her overall lack of credibility and the Court's actual inspection of the premises. Accordingly, the affidavits negate actual malice and thus shift the burden to Wamstad to produce controverting evidence that raises a genuine issue of material fact concerning actual malice. 5 Times The Dallas Stars Went for the Gut While Trolling Opponents, Spoon + Fork: A Standard Name for a Not-So-Standard Restaurant, Chai Wallah in Plano Serves 9 Different Types of Chai, Toast to Mom: Where to Celebrate Mothers Day in Style, Mister O1 Pizza Opening Second Location in Grapevine, In Which Some Visitors From Paris Take a Food Tour of North Texas. That the Media Defendants published her Statements anyway, his argument goes, is evidence of actual malice. Prac. Williams testified on deposition that he spoke with Lyons, and they talked about what the Observer's lawyer and Williams had previously discussed. The Casso court went on to explain that the plaintiff must offer, at trial, clear and convincing affirmative proof of actual malice. Turner, 38 S.W.3d at 120. They have also lived in Richardson, TX and Dallas, TX. Id. We conclude that Wamstad's summary judgment evidence, in essence, merely asserts falsity of the Individual Defendants' Statements but does not otherwise raise specific, affirmative proof to controvert the Individual Defendants' affidavits negating actual malice. In the mid 70's after 20 years in the insurance business, Dale got into the food industry as an investor with Popeye's Famous Fried Chicken. 972-490-9000. Wamstad argues that at most only personal disputes are involved, that there is no public controversy in the sense that the public is affected by these disputes in any real way. The family he abandoned in New Orleans has a bone to pick with that. The Article is largely a recounting of various interactions with Wamstad as told by his ex-wife, his first-born son Roy, and some of Wamstad's former business associates. The actor . We are not persuaded that Wilson should apply here. We disagree that no "public" controversy existed. Huckabee, 19 S.W.3d at 427. In an advertisement in the Dallas Morning News, Wamstad reportedly "blasted" Chamberlain for picking on Dee Lincoln, Wamstad's former partner and current manager of a Del Frisco's restaurant. Anything else you'd like to say?C1: I love you, Mom and Dane.C2: I love you, Mommy and Dane.C1: I love you, Nanny.C2: I love you, Nanny.Dale: And to Colleen (music and lyrics) it's a sin, my darling, how I love you. Although at trial the libel plaintiff must establish actual malice by clear and convincing evidence, at the summary judgment stage the court applies the traditional summary-judgment jurisprudence in testing whether the evidence raises a genuine issue of material fact. Rooster Town is the latest culinary project by restaurateur Dale Wamstad, owner of the adjacent Texas chophouse and Two For the Money BBQ. . Wamstad reproduced the list in his advertising, particularly in airline magazines, reportedly with great success. Del Frisco's Double Eagle Steakhouse was founded in 1980 and III Forks in 1998. And when he wished to, he participated in the debate by using his media access to propound his point of view. Leyendecker is inapposite; it involved a showing of common-law malice to support exemplary damages, not a showing of constitutional "actual malice" required of a public-figure plaintiff to establish defamation. Dale Wamstad and his wife, Colleen Keating-Wamstad, have taught their children valuable life lessons. . This case concerns a defamation suit brought by restaurateur Dale Wamstad after a detailed article about him appeared in the Dallas Observer. The failure to investigate has been held insufficient to establish actual malice. When Piper moved his restaurant, Wamstad reopened a Del Frisco's in the original location. 4. 1992). at 558-59. P. 166a(c); Casso, 776 S.W.2d at 558 ("could have been readily controverted" does not simply mean movant's proof could have been easily and conveniently rebutted). Rumore filed the suit shortly after Wamstad sold his interest in Del Frisco's restaurants for nearly $23 million. Several inquiries are relevant in examining the libel plaintiff's role in the controversy: (1) whether the plaintiff sought publicity surrounding the controversy, (2) whether the plaintiff had access to the media, and (3) whether the plaintiff voluntarily engaged in activities that necessarily involved the risk of increased exposure and injury to reputation. Id. That Court noted the mere fact that a libel defendant knows that the libel plaintiff denies an allegation is not evidence that the defendant doubted the allegation. The record contains numerous advertisements containing pictures of Wamstad's new family and children; many advertisements contain his signature slogan We're open six evenings. 8. We disagree. Wamstad also sued Rumore, Saba, and Sands (collectively, "Individual Defendants"). Subsequently, in 1995, the press reported that Wamstad dropped the libel suit to facilitate his $23 million sale of Del Frisco's to a national chain. Get the latest updates in news, food, music and culture, and receive special offers direct to your inbox. 6. She had no knowledge at any time that the Article or any statements in it were false and did not at any time entertain doubts as to the truth of the statements. and help keep the future of the Observer, Use of this website constitutes acceptance of our, Dallas Observer's The Morning After Brunch. He was advised not to discuss matters subject to attorney-client privilege, and then Wamstad's attorney asked, "What was the next personal involvement you had regarding anything with Dale Wamstad or a proposed article on Dale Wamstad?" See Huckabee, 19 S.W.3d at 428-29 (extensive legal review with editorial rewrites not evidence of actual malice). However, leave Dee Lincoln and Del Frisco's . He challenged nearly all of the statements in the Article as defamatory, as well as other statements the Individual Defendants allegedly made to Stuertz that did not appear in the Article (collectively, "Statements"). Accordingly, we reverse the trial court's order insofar as it denies their motions for summary judgment and render judgment in favor of all Appellants. But in determining whether a public controversy exists, we look to whether the public actually is discussing a matter, not whether the content of the discussion is important to public life. I probably deserve it. For example, in the fall of 1989, the Dallas press carried at least four articles discussing the business-turned-legal dispute between Wamstad and Mike Piper, his former attorney, after Piper acquired a Del Frisco's restaurant from Wamstad. Six different former business associates, including Lou Saba and Jack Sands, recount their view of their business dealings with Wamstad and how they came to feel that Wamstad took advantage of them.3 The Article also describes Wamstad's litigation with his long-time rival Ruth Fertel, of Ruth's Chris Steakhouse. The record evidence shows that around the time Rumore was tried for shooting Wamstad, in 1986, he began to receive considerable press attention concerning his domestic life. The record refers to Wamstad's involvement in at least ten restaurants since 1977 and contains court documents concerning legal disputes over at least four different restaurants, involving four different former associates. Id. Join the Observer community and help support In context, the import of the statement in Casso is that, as to actual malice, the issue of credibility does not preclude summary judgment: If the credibility of the affiant or deponent is likely to be a dispositive factor in the resolution of the case, then summary judgment is inappropriate. . Learn more about FindLaws newsletters, including our terms of use and privacy policy. 51.014(6) (Vernon Supp.2003). News v. Dracos, 922 S.W.2d 242, 255 (Tex.App.-San Antonio 1996, no writ) (actual malice cannot be inferred from falsity of the challenged statement alone); Fort Worth Star-Telegram v. Street, 61 S.W.3d 704, 713-14 (Tex.App.-Fort Worth 2001, pet. The second element requires that the plaintiff have more than a trivial or tangential role in the controversy. The project's first phase is 88% leased and costs $12 million. Moreover, even assuming Wamstad's expert's testimony is admissible, the opinion on the Media Defendant's alleged failure to investigate speaks, rather, to an alleged disregard of a standard of objectivity. Again, the press covered the personal aspects of the rivalry between the parties, reporting that both sides claimed total victory.8, In 1998, the Dallas press covered the run-up to, and opening of, Wamstad's III Forks restaurant. For example, at the time of the dispute with Piper, the Dallas press reported that Wamstad ran an advertisement stating, I've done some stupid things in my life, but selling my steakhouse to my attorney has to top the list and another one in which he accused Piper of running a clone restaurant. Thus, that Wamstad and the divorce judge disagreed with Rumore's allegations is not evidence that the Media Defendants subjectively believed that Rumore's Statements, as they appeared in the Article, were false or that they entertained serious doubts about their truth. Wamstad asserts Stuertz mentioned Rumore's pending lawsuit to him but did not tell him he planned to cover Wamstad's business dealings as well. ", In 1998, the Dallas press covered the run-up to, and opening of, Wamstad's III Forks restaurant. In sum, we conclude that Wamstad has failed to raise a fact question on actual malice. Legal Principles Governing Defamation and Public-Figure Status. Wamstad, who founded the Del Frisco's Double Eagle Steakhouse concept in New Orleans in the late 80s then teamed with Dee Lincoln to expand the concept in Dallas, says the new restaurant will be a mix of "true American" cuisines, which . For example, in 1995, the Dallas Morning News described Wamstad as "a colorful and controversial member of the Dallas restaurant scene since arriving from New Orleans in 1989." Having negated an essential element of Wamstad's cause of action, Defendant-Appellants are entitled to summary judgment. The article also stated that son Roy Wamstad recounted at least eleven separate instances in which he asserted Wamstad physically abused him and his mother. North Dallas steakhouse gets locked out and relocates to Frisco We reject this argument, just as the court in Huckabee did. Wamstad argues that at most only personal disputes are involved, that there is no public controversy in the sense that the public is affected by these disputes in any real way. Wamstad's role was both central and germane to the controversy about his contentious relationships. The second best result is Dale Tervooren age 30s in McKinney, TX in the Eldorado neighborhood. Lyons testified on deposition that Williams commented to her that the draft article was "libelous as hell, but it won't be when I'm through with it." A lack of care or an injurious motive in making a statement is not alone proof of actual malice, but care and motive are factors to be considered. We conclude that Wamstad's summary judgment evidence, in essence, merely asserts falsity of the Individual Defendants' Statements but does not otherwise raise specific, affirmative proof to controvert the Individual Defendants' affidavits negating actual malice. Wamstad asserts six categories of evidence that he contends controvert the Media Defendants' denial of actual malice: (1) the Media Defendants were on notice that Rumore's credibility was questioned by the divorce judge, who questioned her allegations of Wamstad's abuse and her claim that she shot Wamstad in self-defense; (2) in recounting her tale of life with Wamstad, Rumore stated sometimes I'm not sure what is a dream and what is real, but nonetheless, Stuertz admitted Rumore was his main source for the article; (3) the Observer was aware before it published the Article that Wamstad had passed a polygraph examination that contradicted Rumore's allegations of abuse; (4) Stuertz admitted he questioned the logic of Rumore's remarrying Wamstad despite her allegations of previous abuse; (5) Wamstad's media expert testified that the Observer's investigation was grossly inadequate; and (6) on deposition, editor Lyons testified that managing editor Williams stated the Article was libelous as hell, but it won't be when I'm through with it, and Williams testified he had no further personal involvement with the Article after that conversation. She also describes her subsequent divorce from Wamstad in 1987 and her post-divorce suit against Wamstad in 1995, alleging that he defrauded her with respect to her earlier community-property settlement. 2997; Waldbaum, 627 F.2d at 1297 n. 27 (controversy need not concern political matters). 1984). See City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678-79 (Tex. The Shire has new ownership. In an extensive affidavit, Stuertz stated the following, among other things: In researching for the Article, he interviewed at least nineteen people, reviewed numerous court documents (listing fifty-seven documents), court transcripts, and numerous newspaper articles concerning Wamstad (listing forty-eight newspaper articles). Wamstad relies on Leyendecker Assocs. The two were inevitably linked, particularly because reports by others contrasted significantly with the family-man persona Wamstad persistently projected in his advertising. And when he wished to, he participated in the debate by using his media access to propound his point of view. For controverting evidence, Wamstad relies principally on his affidavit and deposition testimony denying the truth of the Statements made by, or attributed to, the Individual Defendants. To maintain a defamation cause of action, the plaintiff must prove that the defendant (1) published a statement (2) that was defamatory concerning the plaintiff (3) while acting with either actual malice, if the plaintiff was a public figure, or negligence, if the plaintiff was a private individual, regarding the truth of the statement. In addition, a reporter may rely on statements by a single source, even though they reflect only one side of the story, without manifesting a reckless disregard for the truth. Wamstad sued Fertel for defamation, and Fertel countersued for false advertising and unfair competition. Appellants argue that Wamstad is a public figure, and thus he has the burden to show that each Defendant-Appellant published the Statements attributable to him or her with actual malice. New Restaurant from Del Frisco's founder Dale Wamstad To Debut Next She's a great lady. Id., (citing Trotter v. Jack Anderson Enters., Inc., 818 F.2d 431, 433 (5th Cir.1987)). He was advised not to discuss matters subject to attorney-client privilege, and then Wamstad's attorney asked, What was the next personal involvement you had regarding anything with Dale Wamstad or a proposed article on Dale Wamstad? Williams responded, Beyond that point, I can't specifically recall anything. Wamstad argues this deposition testimony controverts Williams' affidavit testimony that directly negates actual malice. This case concerns a defamation suit brought by restaurateur Dale Wamstad after a detailed article about him appeared in the Dallas Observer. Each Individual Defendant submitted an affidavit testifying that his or her Statements were not made with actual malice, e.g., denying any subjective belief or knowledge that his or her Statements were false, and denying having any serious doubts as to their truth. The articles quote Wamstad's advertisement, directed at Chamberlain: If you, your investors and the food critics want to slam III Forks, I can live with that. 5251 Spring Valley Rd. After he sold his interest in Del Frisco's, Wamstad continued to use his "family values" to promote his new restaurant, III Forks, which he opened in 1998. Turner v. KTRK Television, Inc., 38 S.W.3d 103, 120 (Tex. The record includes the following radio advertisement for III Forks, featuring his children from his current marriage, with Wamstad making reference to his wife Colleen:Dale: Hey kids. Wamstad's expert witness opined that the Observer's investigation was "grossly inadequate given the source bias, lack of pre-dissemination opportunity to respond, [and] lack of deadline pressure." He recently purchased an adjacent 10 acres, where he's already planning a 144,000 square foot second phase. Huckabee, 19 S.W.3d at 427. Wamstad's reliance on Wilson v. UT Health Center is also misplaced. In deciding whether a genuine issue of material fact exists, we take evidence favorable to the non-movant as true; we indulge every reasonable inference, and resolve any doubt, in favor of the non-movant. The divorce court thus disagreed with the trial court's determination, in the previous criminal trial, that Rumore acted in self-defense. He discussed the extensive interviews, media reports, court documents and transcripts Stuertz used and the level of corroboration among the sources. All Defendants brought motions for summary judgment, which the trial court denied, and all Defendants brought this interlocutory appeal. Wamstad named as defendants parties associated with the media as well as individuals. The Court summarized as follows: The defendant's state of mind can-indeed, must usually-be proved by circumstantial evidence. Emmerdale star Dale Meeks dies age 47 as tributes pour in for actor When asked shortly thereafter about the comment, she stated she thought the statement was "partly in jest and partly reflected that he was still working on the story.". Six different former business associates, including Lou Saba and Jack Sands, recount their view of their business dealings with Wamstad and how they came to feel that Wamstad took advantage of them. The Dallas North Beefway - D Magazine Id. Certain Defendant-Appellants filed no-evidence motions for summary judgment under rule 166a(i), which we need not address because we dispose of all issues based on Defendants' traditional motions for summary judgment under rule 166a(c). Wamstad sued New Times, Inc. d/b/a Dallas Observer (the Observer) and Mark Stuertz, the reporter (collectively, "Media Defendants"). Sometime after the opening, the Dallas Business Journal and the Observer covered yet another of Wamstad's business disputes-again focusing on the personal aspects of the dispute-this time with rival steakhouse-owner Richard Chamberlain. If he cannot secure it during the discovery process, he is unlikely to stumble on to it at trial. About TEXAS: Beef Fish Fowl The Dallas Times Herald published two pieces on the dispute, one entitled "Dueling Steak Knives." It reportedly escalated from there. Id., (citing Trotter v. Jack Anderson Enters., Inc., 818 F.2d 431, 433 (5th Cir. .". This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Accordingly, we reverse and render judgment for all Appellants. The supreme court has adopted the Fifth Circuit's three-part test for a limited-purpose public figure: Id. Hash Over | Restaurants | Dallas | Dallas Observer | The Leading Although actual malice focuses on the defendant's state of mind, a plaintiff can prove it through objective evidence about the publication's circumstances. Tex. RUMORE v. WAMSTAD | 751 So.2d 452 (2000) - Leagle This reliance is misplaced. As noted by D Magazine, it was unlike other high-end steakhouses in Dallas, . (citing Trotter, 818 F.2d at 433; Waldbaum v. Fairchild Publ'ns., Inc., 627 F.2d 1287, 1296-98 (D.C. Cir. Wamstad's ex-wife, Lena Rumore, describes alleged incidents of Wamstad's physical abuse of her, her shooting of Wamstad in 1985, and the ensuing trial in which she was acquitted based on self-defense. 2000). See Tex. Independent evidence is required: While it is conceivable that a defendant's trial testimony, under the rigors of cross-examination, could provide the requisite proof, it is more likely that plaintiff will have to secure that evidence elsewhere. We disagree that no public controversy existed. . She claimed a history. See Gertz, 418 U.S. at 346 ; Waldbaum, 627 F.2d at 1297 n. 27 ("controversy need not concern political matters"). See Bentley, 94 S.W.3d at 596. We conclude that evidence is merely cumulative of Wamstad's testimony asserting Rumore's allegations are false. Svalesen claims in court records that he did honor his agreement and was properly issued the shares in lieu of cash through "my previously rendered services which were equal to or in excess of the monetary value assigned to the shares." The Article is largely a recounting of various interactions with Wamstad as told by his ex-wife, his first-born son Roy, and some of Wamstad's former business associates. See Casso, 776 S.W.2d at 555. See Casso, 776 S.W.2d at 558 (citing New York Times, defining actual malice in public-figure case as term of art, different from the common-law definition of malice). A public-figure libel plaintiff must prove the defendant acted with actual malice in allegedly defaming him. from 10 a.m.-2 p.m. 972-664-9975 (Texas restaurant) RELATED STORIES As noted, falsity alone does not raise a fact question on actual malice. Wamstad opened III Forks in August 1998 and sold it in July 2000. Id. Whether a party is a public figure is a question of constitutional law for courts to decide. Gertz, 418 U.S. at 345. In 1980, with a newfound drive and outlook on life, he founded Del Frisco's Double Eagle Steakhouse and sold it in 1995 for . Wamstad responded that Piper was treacherous and mean-spirited for raising the shooting, adding that the shooting was all behind him, that he had remarried and had a wife and two beautiful kids. Wamstad's first four categories of evidence, in essence, assert that the Media Defendants were on notice that Rumore's statements were false because Wamstad disagreed with Rumore (he allegedly passed a polygraph test) and a divorce judge disagreed with Rumore's assertion that she acted in self-defense when she shot Wamstad in 1985. Wamstad's role was both central and germane to the controversy about his contentious relationships. The Dallas Times Herald published two pieces on the dispute, one entitled Dueling Steak Knives. The Dallas Morning News also covered the story, quoting Piper's and Wamstad's personal comments about each other.6, In 1995, Wamstad's business and personal reputation gained national press attention when he sued Ruth Fertel for defamation over her suggestion that Wamstad was behind the Top-Ten List. The evidence includes an Associated Press article, from November 1994, that chronicled the long-standing personal rivalry between Fertel and Wamstad7 and also reported Fertel's allegation that Wamstad was behind the supposedly independent Top-Ten rating. Co., 690 S.W.2d 546, 548 (Tex.1985). Once the defendant has produced evidence negating actual malice as a matter of law, the burden shifts to the plaintiff to present controverting proof raising a genuine issue of material fact. Dale Wamstad sells - Richardson Chamber of Commerce | Facebook

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