dale wamstad shot by wife

To establish reckless disregard in this context, a defamation plaintiff must prove that the publisher entertained serious doubts as to the truth of his publication. Id. Select this result to view Dale Francis Wamstad's phone number, address, and more. 1996)). 5. 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." See Tex. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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. Rumore filed suit following the sale, claiming she was duped out of her share of the proceeds generated by the restaurant they founded and then developed in New Orleans in the early 1980s. 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. Loads of folks around here admire Dale Wamstad's business sense. She created the high-end wine, martini and champagne lounge with the Cowboys, Legends Hospitality Management and her brother, Ricky Comardelle. Family man | News | Dallas | Dallas Observer | The Leading Independent Imagining that something may be true is not the same as belief. The Honorable Sue Lagarde, Justice, Court of Appeals, Fifth District of Texas at Dallas, Retired, sitting by assignment. In actual-malice cases, such affidavits must establish the defendant's belief in the challenged statements' truth and provide a plausible basis for this belief. He was livid at his son for. See Gertz, 418 U.S. at 346, 94 S.Ct. Dracos, 92 S.W.2d at 255. 6. 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. 2997. Having negated an essential element of Wamstad's cause of action, Defendant-Appellants are entitled to summary judgment. If he cannot secure it during the discovery process, he is unlikely to stumble on to it at trial. Huckabee v. Time Warner Enter. 2000). It also includes favorable statements about Wamstad made by his current father-in-law. McLemore, 978 S.W.2d at 573 (citing New York Times Co. v. Sullivan, 376 U.S. 254, 283 (1964)). "To determine whether a controversy existed, and, if so, to define its contours, the judge must examine whether persons actually were discussing some specific question." (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.). She alleged Wamstad had defrauded her with respect to her earlier property settlement, in 1992, for $45,000. 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." That the Media Defendants published her Statements anyway, his argument goes, is evidence of actual malice. 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 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. Although actual malice focuses on the defendant's state of mind, a plaintiff can prove it through objective evidence about the publication's circumstances. All Defendants sought summary judgment, which the trial court denied, and all Defendants appealed. See Huckabee, 19 S.W.3d at 428-29 (extensive legal review with editorial rewrites not evidence of actual malice). Tex. The project's first phase is 88% leased and costs $12 million. Dallas' independent source of Fertel suggested, in a newsletter to her customers, that the Top-Ten List was a front for Del Frisco's. Id., (citing Trotter v. Jack Anderson Enters., Inc., 818 F.2d 431, 433 (5th Cir. Civ. The standards for reviewing summary judgment under rule 166a(c) are well established. Wamstad reportedly bristled at that characterization of the truth, claiming, Twenty-three million dollars is truth.. Wamstad named as defendants parties associated with the media as well as individuals. The case is expected to go to trial in January. Legal Principles Governing Defamation and Public-Figure Status. 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. See Brueggemeyer, 684 F. Supp. out of it. Civ. And the evidence shows that Wamstad used his access to the media to comment on his rivals and his business disputes. 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. 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 restaurant is the latest culinary project by restaurateur Dale Wamstad. During the Top-Ten List litigation, Wamstad referred in radio advertisements as having been accused by a New York public relations person (whom he had named as a defendant) as being "diabolically clever and successful.". 973 F.2d 1263, 1270-71 (5th Cir. In essence, he argues that falsity of the Statements is probative of actual malice. As noted, falsity alone does not raise a fact question on actual malice. All Defendants brought motions for summary judgment, which the trial court denied, and all Defendants brought this interlocutory appeal. and help keep the future of the Observer, Use of this website constitutes acceptance of our, Dallas Observer's The Morning After Brunch. The articles quoted Piper as saying he got involved with Wamstad in 1985 "when Dale's wife shot him" and states that Piper showed the reporter the 1986 "raging bull" article from the Times-Picayune. Dale spent 20 years in the insurance business and in 1977 formed an investment group that funded a Popeye's Famous Fried Chicken franchise. 1989). Huckabee, 19 S.W.3d at 427. denied) (defendant's testimony established plausible basis for professed belief in truth of publication, thus negating actual malice even if publication not substantially correct). Wamstad's reliance on Wilson v. UT Health Center is also misplaced. denied) (defendant's testimony established plausible basis for professed belief in truth of publication, thus negating actual malice even if publication not substantially correct). 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. WFAA-TV, Inc. v. McLemore, 978 S.W.2d 568, 571 (Tex. 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. Id., (citing Trotter v. Jack Anderson Enters., Inc., 818 F.2d 431, 433 (5th Cir.1987)). Wamstad argues that because the Individual Defendants' credibility is at issue, summary judgment is inappropriate, relying on Casso. Wamstad had not reacted to the advertisement before. McLemore, 978 S.W.2d at 572-73. Accordingly, this is not a case where a defamation plaintiff was thrust into the public eye and involuntarily remained there. See Gertz, 418 U.S. at 346 ; Waldbaum, 627 F.2d at 1297 n. 27 ("controversy need not concern political matters"). This reliance is misplaced. 1980) (intensive advertising and continuing access to media made libel plaintiff a limited public figure). Although he only had a pair of 4's, he noticed Hilda the oldest sister blinking rapidly. He stated that "the final result was truthful, accurate, and a fair representation of the reporter's research." Civ. Id. Mgmt. Hash Over | Restaurants | Dallas | Dallas Observer | The Leading Turner, 38 S.W.3d at 120. 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). That is, he argues, the Article does not involve the types of controversies found in public-figure cases such as Trotter, 818 F.2d at 434-35 (union official assassination and labor violence in foreign country); Brueggemeyer, 684 F.Supp. Nixon v. Mr. 452, 458 (N.D.Tex. During the Top-Ten List litigation, Wamstad referred in radio advertisements as having been accused by a New York public relations person (whom he had named as a defendant) as being diabolically clever and successful.. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. r. Civ. 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. 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. McLemore, 978 S.W.2d at 573 (citing New York Times Co. v. Sullivan, 376 U.S. 254, 283, 84 S.Ct. 710). She's a great lady. The record contains numerous references to Wamstad throughout the 1990s, many appearing in the restaurant critic columns, which make frequent references to Wamstad personally. Dale Wamstad redefined the Dallas steakhouse in 1981 when he opened Del Frisco's on Lemmon Avenue. Concerning the first element, a general concern or interest does not constitute a "controversy." Updated 1:52 PM Jun 9, 2020 CDT. Wamstad is a classic case of a shrewd business guy from out of town who got under the skin of corrupt local public servants. The AP article quoted Fertel as telling Rumore after the shooting that if she fired that many shots at Wamstad and didn't get him, Fertel was going to have to give Rumore shooting lessons. We conclude that Wamstad is a limited public figure, that all Defendant-Appellants conclusively negated the element of "actual malice," which Wamstad did not successfully controvert, thus entitling them to summary judgment as a matter of law. 1969) (proof of utter failure to investigate amounted to no evidence of actual malice). Beef isn't the only entre sparking legal brawls. Whether a party is a public figure is a question of constitutional law for courts to decide. 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. Huckabee, 19 S.W.3d at 424. The supreme court has adopted the Fifth Circuit's three-part test for a limited-purpose public figure: (1)the controversy at issue must be public both in the sense that people are discussing it and people other than the immediate participants in the controversy are likely to feel the impact of its resolution; (2)the plaintiff must have more than a trivial or tangential role in the controversy; and. at 466. We reject this argument, just as the court in Huckabee did. 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. . Neither do the actions of the Media Defendants evince a purposeful avoidance of the truth. independent local journalism in Dallas. Wamstad's role was both central and germane to the controversy about his contentious relationships. In essence, he argues that falsity of the Statements is probative of actual malice. The Article also describes numerous disputes former business partners had with Wamstad, many of which resulted in lawsuits. 175 years later on November 8th, 2011 Tuesday night at 8:30 pm in a Texas Hold-em poker game, Dale Francis Wamstad went all in with The Four Sisters. Code Ann. One article in the New Orleans Times-Picayune, entitled Wounded husband called a raging bull, quoted testimony from the trial of at least three witnesses who described instances they witnessed of Wamstad's physical abuse of Rumore before the shooting. Doubleday Co., Inc. v. Rogers, 674 S.W.2d 751, 756 (Tex. Wamstad countered that Rumore's claims were groundless because she signed a settlement agreement in 1992 that paid her $45,000. 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. Dale Wamstad - Address & Phone Number | Whitepages Del Frisco's Double Eagle Steakhouse was founded in 1980 and III Forks in 1998. 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. Using his charm, wit and steak house, he wined and dined the right people into complicit submission. The Court summarized as follows: 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. 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. Public figures have "assumed the risk of potentially unfair criticism by entering into the public arena and engaging the public's attention." 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. 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 sued Fertel for defamation, and Fertel countersued for false advertising and unfair competition. 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. The family he abandoned in New Orleans has a bone to pick with that." On July 16, 1986, Lena Rumore was found innocent. McLemore, 978 S.W.2d at 572-73. San Antonio Exp. Rumore filed the suit shortly after Wamstad sold his interest in Del Frisco's restaurants for nearly $23 million. Each Defendant filed a traditional motion for summary judgment under rule 166a(c) of the Texas Rules of Civil Procedure.4 Tex.R. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 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). 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. Dale Wamstad sells - Richardson Chamber of Commerce | Facebook Prac. 973 F.2d 1263, 1270-71 (5th Cir.1992). Even after Rumore was acquitted based on self-defense, the New Orleans press continued to cover the couple's subsequent suits against each other, including Wamstad's suit in 1997 against Rumore for damages from shooting him and Rumore's subsequent countersuit for $5 million. 1988) (businessman, the subject of consumer complaints and suits, was public figure because by his conduct he "voluntarily engaged in a course that was bound to invite attention and comment"). Patrick Williams stated the following in his affidavit: He had editorial responsibility for Stuertz's article, and he found Stuertz a most accurate reporter. A public-figure libel plaintiff must prove the defendant acted with actual malice in allegedly defaming him. To prevail on summary judgment, a defendant must either disprove at least one element of each of the plaintiff's theories of recovery or plead and conclusively establish each essential element of an affirmative defense, thereby rebutting the plaintiff's cause of action. When Piper moved his restaurant, Wamstad reopened a Del Frisco's in the original location. 1984). 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. Through his promotion of his family-man image in his advertising over the years, Wamstad voluntarily sought public attention, at the very least for the purpose of influencing the consuming public. 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. 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. 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. 683 S.W.2d 369, 374-75 (Tex. The record contains numerous references to Wamstad throughout the 1990s, many appearing in the restaurant critic columns, which make frequent references to Wamstad personally. 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. The Casso court went on to explain that the plaintiff must offer, at trial, clear and convincing affirmative proof of actual malice. We certainly agree that the public debate in this case does not involve matters of great moment in current public life. Moreover, the judge's assessment is not probative of whether Rumore believed in the truth of the other Statements she made or whether she entertained doubts as to their truth. 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. Waldbaum, 627 F.2d at 1297. 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." 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. Bentley v. Bunton, 94 S.W.3d 571, 590-96 (Tex. Concerning the first element, a general concern or interest does not constitute a controversy. Waldbaum, 627 F.2d at 1297. (quoting Dilworth v. Dudley, 75 F.3d 307, 309 (7th Cir.1996)). In sum, we conclude that Wamstad has failed to raise a fact question on actual malice. 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. Limited-purpose public figures are only public figures for a limited range of issues surrounding a particular public controversy. Again, the press covered the personal aspects of the rivalry between the parties, reporting that both sides claimed total victory. We conclude that evidence is merely cumulative of Wamstad's testimony asserting Rumore's allegations are false. We conclude that Wamstad is a limited public figure, that all Defendant-Appellants conclusively negated the element of actual malice, which Wamstad did not successfully controvert, thus entitling them to summary judgment as a matter of law. ", In 1998, the Dallas press covered the run-up to, and opening of, Wamstad's III Forks restaurant. 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. 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. DALLAS, April 16 /PRNewswire/ -- Dee Lincoln, known nationally as the "Queen of Steaks" for her role as one of the leading female businesswomen in the steakhouse industry, resigned from Del. "Actual malice is a term of art, focusing on the defamation defendant's attitude toward the truth of what it reported." That the Media Defendants published her Statements anyway, his argument goes, is evidence of actual malice. Julie Lyons stated the following in her affidavit: She was aware of the numerous sources for the Article, including court documents and sworn court testimony. The article recounted stories of Wamstad's physical and emotional abuse of family members and his numerous disputes with business partners. Ms. 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. The failure to investigate has been held insufficient to establish actual malice. . at 466. We are not persuaded that Wilson should apply here. Accordingly, Wamstad has failed to controvert the Media Defendants' negation of actual malice. The guy is a warrior of. In its edition dated March 16-22, 2000, the Dallas Observer published an article (the Article) about Dale Wamstad, entitled, Family Man, with the caption on the cover stating, Dallas Restaurateur Dale Wamstad portrays himself as humble entrepreneur and devoted father. The Article also describes Wamstad's litigation with his long-time rival Ruth Fertel, of Ruth's Chris Steakhouse. 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. According to the suit, Upright and Svalesen entered into an agreement in June 1996 whereby Upright would toss in $37,000 in exchange for 768 shares of Pescado stock, while Svalesen would contribute $11,000 in exchange for 230 shares. 1998). . Adding more fuel to the feud was Wamstad's then-wife, Lena, who shot Wamstad three times - and missed with two other shots - in their New Orleans restaurant in 1985. 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. 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. 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. at 455 (ongoing alleged bait and switch sales practices); and McLemore, 978 S.W.2d at 569 (why government raid failed). Del Frisco's co-founder exits company | Nation's Restaurant News This case concerns a defamation suit brought by restaurateur Dale Wamstad after a detailed article about him appeared in the Dallas Observer. Accordingly, this is not a case where a defamation plaintiff was thrust into the public eye and involuntarily remained there. Thereafter, Wamstad married again, and began operating Del Frisco's restaurants in Dallas. 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. Prop. The Dallas Morning News also covered the story, quoting Piper's and Wamstad's personal comments about each other. Appeal from the 68th District Court, Dallas County, Texas, Trial Court Cause No. . (3)the alleged defamation must be germane to the plaintiff's participation in the controversy. 8. As used in the defamation context, actual malice is different from traditional common-law malice; it does not include ill will, spite or evil motive. Furthermore, that Rumore confessed to confusion about past events, and that Stuertz thought her remarrying Wamstad was not logical, are not probative of whether Stuertz believed the Statements, as they appeared in the Article, were false.
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