dale wamstad shot by wife

In a public-figure defamation case, a libel defendant is entitled to summary judgment under rule 166a(c) by negating actual malice as a matter of law. Please try again. In sum, the media coverage of Wamstad over the past 15-plus years has been substantial and considerably focused on Wamstad's personality, with Wamstad himself participating in the media discussion. 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. 1998). Three employees of the Observer-reporter Mark Stuertz, managing editor Patrick Williams, and editor Julie Lyons-each submitted an affidavit denying actual malice. Public figures have "assumed the risk of potentially unfair criticism by entering into the public arena and engaging the public's attention." However, leave Dee Lincoln and Del Frisco's . Code Ann. 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"). 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. Dalw Wamstad Business - dalefwamstad.com Our review of the record shows that after Williams was deposed, he testified by affidavit, stating that he went over at least two drafts of the Article with Stuertz, who answered all of his questions, and that the Article went through the standard, detailed process for editing and revision. A failure to investigate fully is not evidence of actual malice; a purposeful avoidance of the truth is. 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. In context, the import of the statement in Casso is that, as to actual malice, the issue of credibility does not preclude summary judgment: Casso, 776 S.W.2d at 558. Patrick Williams stated the following in his affidavit: He had editorial responsibility for Stuertz's article, and he found Stuertz a most accurate reporter. Huckabee v. Time Warner Enter. . Lena Rumore, ex-wife of Dallas steakhouse mogul Dale Wamstad (III Forks, Del Frisco's), will get a shot at the skillful restaurateur's beefy wallet. ), In the mid-1990s, the press began referring to Wamstad as flamboyant and controversial. 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. In 1996, the Dallas press noted that Wamstad was known for getting embroiled in legal battles with former business partners and rival steakhouse chains. And the evidence shows that Wamstad used his access to the media to comment on his rivals and his business disputes. See Tex. The Rooster Town Cafe will serve breakfast and lunch seven days a week. See Casso, 776 S.W.2d at 555. Williams testified on deposition that he spoke with Lyons, and they talked about what the Observer's lawyer and Williams had previously discussed. Using his charm, wit and steak house, he wined and dined the right people into complicit submission. at 573-74 (quoting New York Times, 376 U.S. at 279-80, 84 S.Ct. Rumore contends Del Frisco's sale to publicly traded Lone Star unleashed the public filing of records with the Securities and Exchange Commission, revealing the true value and ownership structure of the Del Frisco's steak empire. Wamstad named as defendants parties associated with the media as well as individuals. It reportedly escalated from there. That is, the judge's disagreement with Rumore's assertion of self-defense does not raise a fact question whether Rumore herself believed her Statement that she acted in self-defense was false. at 423. Get the latest updates in news, food, music and culture, and receive special offers direct to your inbox. 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. Prop. The AP article was picked up by numerous Texas newspapers, as well as newspapers in Charleston, Fort Lauderdale, Chicago, Baton Rouge, and Phoenix. 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. 1984). 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. All rights reserved. The Article also describes numerous disputes former business partners had with Wamstad, many of which resulted in lawsuits. 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. And the evidence shows that Wamstad used his access to the media to comment on his rivals and his business disputes. In essence, he argues that falsity of the Statements is probative of actual malice. Huckabee, 19 S.W.3d at 424. 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. In 1980, with a newfound drive and outlook on life, he founded Del Frisco's Double Eagle Steakhouse and sold it in 1995 for . (Courtesy Adobe Stock) Rooster Town Cafe should open by Labor Day at 3613 Shire Blvd., Ste . 2997, 41 L.Ed.2d 789 (1974)). The Article was precisely about that contradiction and thus a continuation of the public discussion of Wamstad's endeavors and disputes. Finally, Wamstad argues he raises a fact question on actual malice based on deposition testimony of Williams and Lyons. In sum, we conclude that Wamstad has failed to raise a fact question on actual malice. It is not probative of the Media Defendants' conscious awareness of falsity or whether they subjectively entertained serious doubt as to the truth or falsity of the Statements as reported in the Article. 1980) (intensive advertising and continuing access to media made libel plaintiff a limited public figure). Thus, the issue of credibility does not preclude summary judgment on the issue of actual malice. The feud reportedly began in 1981 when Wamstad claimed Fertel's son had slipped her recipes to him. New York Times Co. v. Connor, 365 F.2d 567, 576 (5th Cir.1966). Although actual malice focuses on the defendant's state of mind, a plaintiff can prove it through objective evidence about the publication's circumstances. Although as a whole the Article is unfavorable to Wamstad, it states that Wamstad "both in media interviews and under oath in court has steadfastly denied ever abusing any member of his family." 683 S.W.2d 369, 374-75 (Tex. ", In 1998, the Dallas press covered the run-up to, and opening of, Wamstad's III Forks restaurant. Roy Wamstad describes specific incidents in which he asserts his father physically and emotionally abused him. Prop. 1966). Wilson was not a public-figure case, that court applied federal procedural standards, and in a cryptic discussion it used the general term "malice," giving no indication it was applying the constitutional "actual malice" standard that we must apply here. WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex.1998). 5. The Shire has new ownership. (When asked to comment for the newspaper articles, Wamstad told one newspaper that the matter is over and refused to return calls to the other. I probably deserve it. When Ms. Rumore discovered the sale and compared the $45,000.00 she received for her half interest in the community, which included the Del Frisco's Steakhouse businesses, with the $22.7 million dollar sale price, allegedly received by Mr. Wamstad from Lone Star, she filed suit alleging fraud. Accordingly, we reverse and render judgment for all Appellants. We certainly agree that the public debate in this case does not involve matters of great moment in current public life. A few months after Svalesen resigned from the restaurant in June 1999, Upright slapped him with a lawsuit demanding the return of his shares in the restaurant's parent company, Pescado Inc., because he failed to purchase them with cash. Stuertz states in his affidavit that he had arranged an interview with Wamstad, but Wamstad later canceled it on advice of his attorney. 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). The second element requires that the plaintiff have more than a trivial or tangential role in the controversy. 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. The contours of the controversy requirement are at least partly defined by the notion that public-figure status attaches to those who "invite attention and comment" because they have thrust themselves to the forefront of a public controversy "to influence the resolution of the issue involved." 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. The purpose of the actual-malice standard is protecting innocent but erroneous speech on public issues, while deterring calculated falsehoods. Turner v. KTRK Television, Inc., 38 S.W.3d 103, 120 (Tex.2000). 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. 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, this is not a case where a defamation plaintiff was thrust into the public eye and involuntarily remained there. 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. He discussed the extensive interviews, media reports, court documents and transcripts Stuertz used and the level of corroboration among the sources. Wamstad argues that because the Individual Defendants' credibility is at issue, summary judgment is inappropriate, relying on Casso. Dale Wamstad, also known as "Del Frisco," is the sole founder of two iconic, nationally recognized steakhouses. She's a great lady. Contact us. McLemore, 978 S.W.2d at 572-73. 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). 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: The press reported on a number of Wamstad's business disputes, particularly those with a personal edge to them. 2000). We conclude the Individual Defendants' affidavits negated actual malice. 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. 51.014(6) (Vernon Supp. Wamstad argues that because the Individual Defendants' credibility is at issue, summary judgment is inappropriate, relying on Casso. The case is expected to go to trial this summer. Philanthropy . & Rem.Code Ann. 2002) (reviewing finding of actual malice for sufficiency, incorporating clear and convincing standard on review). 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. at 1271. Wamstad sued New Times, Inc. d/b/a Dallas Observer (the Observer) and Mark Stuertz, the reporter (collectively, "Media Defendants"). The record contains numerous references to Wamstad throughout the 1990s, many appearing in the restaurant critic columns, which make frequent references to Wamstad personally. 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. Ms. 1980)). 972-490-9000. Through the 1990s, Wamstad advertised in both print media and radio, using an image of himself as a family-man and folksy steakhouse owner to promote his restaurants. Having negated an essential element of Wamstad's cause of action, Defendant-Appellants are entitled to summary judgment. at 466. 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). 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. Become a member to support the independent voice of Dallas at 558-59. 4. out of it. The two were inevitably linked, particularly because reports by others contrasted significantly with the family-man persona Wamstad persistently projected in his advertising. 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." Three employees of the Observer-reporter Mark Stuertz, managing editor Patrick Williams, and editor Julie Lyons-each submitted an affidavit denying actual malice. Lena Rumore, ex-wife of Dallas steakhouse mogul Dale Wamstad (III Forks, Del Frisco's), will get a shot at the skillful restaurateur's beefy wallet. We conclude that the affidavits contain ample evidence of a plausible basis for the Observer's employees to believe in the truth of the Statements as reported in the Article. 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. 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. Our review of the record shows that after Williams was deposed, he testified by affidavit, stating that he went over at least two drafts of the Article with Stuertz, who answered all of his questions, and that the Article went through the standard, detailed process for editing and revision. Labour has taken 1.5million from a Just Stop Oil-backing green energy boss, it emerged yesterday. The lawsuit was eventually settled. Id. Code Ann. Tex. 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. Labour's 1.5m cash injection from Just Stop Oil supporter and eco Williams testified on deposition that he spoke with Lyons, and they talked about what the Observer's lawyer and Williams had previously discussed. He went on to add that Piper was a piece of snot floating in the ocean.. We disagree. 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. Turner, 38 S.W.3d at 120. Having invited public rebuttal concerning his persona, Wamstad took on the status of a limited public figure with respect to his behavior in business and family matters. Id. The supreme court has adopted the Fifth Circuit's three-part test for a limited-purpose public figure: Id. at 558-59. The Article was precisely about that contradiction and thus a continuation of the public discussion of Wamstad's endeavors and disputes. He had no knowledge indicating that the Article or statements therein were false at the time the Article was published nor did he entertain any doubts as to the truthfulness of any of the matters asserted in the Article. Tex. Select this result to view Dale Francis Wamstad's phone number, address, and more. 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. 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. Wamstad relies on Leyendecker Assocs. Whether a party is a public figure is a question of constitutional law for courts to decide. Loads of folks around here admire Dale Wamstad's business sense. at 1271. Affidavits from interested witnesses will negate actual malice as a matter of law only if they are "clear, positive, and direct, otherwise credible and free from contradictions and inconsistencies, and could have been readily controverted." The continuing press coverage over the years showed that the public was indeed interested in Wamstad's personal behavior in both the family and business context. San Antonio Exp. "Limited-purpose" public figures are only public figures for a limited range of issues surrounding a particular public controversy. Bob Cooper--is a little off his T-bone, you may be right. 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. In Wilson, the Fifth Circuit Court of Appeals reversed the district court's determination that the libel plaintiff adduced insufficient evidence of malice. We are not persuaded that Wilson should apply here. Doubleday & Co., Inc. v. Rogers, 674 S.W.2d 751, 756 (Tex.1984) (reckless conduct not measured by whether reasonably prudent person would have investigated before publishing; must show defendant entertained serious doubts as to truth of publication, citing St. Amant, 390 U.S. at 731, 733, 88 S.Ct. Huckabee v. Time Warner Enter. The court can see if the press was covering the debate, reporting what people were saying and uncovering facts and theories to help the public formulate some judgment. Id., quoted approvingly in McLemore, 978 S.W.2d at 572. He was livid at his son for. v. Wechter for the proposition that, when the truth or falsity of a statement is within the particular purview of the defamation defendant, then falsity is probative of malice. In 1986, she and partner Dale Wamstad moved Del Frisco's to Dallas where it later mushroomed with success when it was bought by Lone Star Steakhouse and Saloon in 1995. Wamstad himself perpetuated the public nature of the debate over his contentious relationships through his personal self-promotion in his advertising and his other interactions with the press-with all their attendant ramifications for the opinion-forming, consuming public. Limited-purpose public figures are only public figures for a limited range of issues surrounding a particular public controversy. "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. 683 S.W.2d 369, 374-75 (Tex.1984). . (3)the alleged defamation must be germane to the plaintiff's participation in the controversy. 710). (quoting Dilworth v. Dudley, 75 F.3d 307, 309 (7th Cir. Dale Wamstad's new restaurant Two for the Money BBQ opens in Richardson Dale Wamstad sells development just east of Richardson's CityLine. Beef isn't the only entre sparking legal brawls. 1984) (reckless conduct not measured by whether reasonably prudent person would have investigated before publishing; must show defendant entertained serious doubts as to truth of publication, citing St. Amant, 390 U.S. at 731, 733); El Paso Times, Inc. v. Trexler, 447 S.W.2d 403, 405-06 (Tex. (quoting St. Amant v. Thompson, 390 U.S. 727, 731 (1968)). 1992). Again, the press covered the personal aspects of the rivalry between the parties, reporting that both sides claimed total victory. Nixon, 690 S.W.2d at 548-49. 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. 30 Years of Dining in Dallas - D Magazine Trial in that case was pending at the time the Article was published. 7. Dark and sexy, this is the perfect place to pop the question over a porterhouse. 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.

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