Memphis Publishing Co. v. Nichols
Tennessee Supreme Court
569 S.W.2d 412 (1978)
- Written by Sharon Feldman, JD
Facts
The Memphis Press-Scimitar, published by Memphis Publishing Co. (Memphis) (defendant) printed an article stating that an assailant had arrived at the home of Ruth Nichols (plaintiff) and had shot her after finding the assailant’s husband there, Ruth was being treated for a bullet wound in her arm, and the assailant had first fired a shot at the assailant’s husband. Ruth sued Memphis for defamation, alleging that the article falsely implied that Ruth and the assailant’s husband were having an adulterous affair and had been caught by the assailant. The proof at trial established that Ruth, her husband, the assailant’s husband, and two neighbors were sitting in the living room of the Nicholses’ home at about three o’clock in the afternoon when the assailant arrived. The assailant’s husband heard a commotion and went outside to investigate, and the assailant fired at her husband and then entered the Nicholses’ home and shot Ruth. Memphis’s defense was that all material facts contained in the article were substantially true. The court directed a verdict for Memphis. The court of appeals reversed and remanded. The Tennessee Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Brock, J.)
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