by Janet Miranda
Netflix Inc. and others lost their bid to escape a defamation lawsuit over a “Dirty Money” episode, when a Texas appeals court said Wednesday the show misrepresented the facts of a businessman’s guardianship when presenting it as abusive.
“Dirty Money” is an investigative series that bills itself as exposing greed and corruption. Tonya Barina is the great-niece and guardian of Charles Thrash, a millionaire who made his money from an automotive repair business. Barina sued Netflix claiming the gist of the episode “Guardians, Inc.,” which aired in March 2020, defamed her.
The 79-year-old Thrash was presented in the episode as being capable of taking care of himself, with the help of his girlfriend, Laura Martinez. However, court records indicate Thrash suffers from Alzheimer’s disease that leaves him “totally incapacitated” and unable to enter into a contract or marry, the Texas Fourth Court of Appeals said.
During the episode Martinez, who is erroneously referred as his common law wife, and others speak for Thrash, the appeals court said. However, the defendants were aware that these speakers were found not to be credible by the trial court in Thrash’s guardianship case, it added.
The episode uses its score and dramatic animations to indicate that guardianship abuse is an epidemic that must be exposed, the court said. Barina’s interview is presented differently than others by zooming in on her hands and feet to show her fidgeting, and cutting away to highlighted documents or statistics to suggest inconsistency.
An ordinary viewer would reasonably conclude that Barina is meant to be portrayed as an exploitative guardian who sold Thrash’s assets as his family and friends tried to stop her, Justice Patricia O’Connell Alvarez wrote.
Nexflix contended that they can’t be held liable simply for reporting the accusations made by Philip Ross, Martinez’s lawyer. But the third-party allegation rule requires a media outlet not take the additional step of adopting or endorsing the allegations, the court said.
The trial court therefore didn’t err in denying Netflix’s motion to dismiss, the San Antonio appellate court said.
Justices Irene Rios and Beth Watkins joined the opinion.
Haynes & Boone LLP represented Netflix, Jigsaw Productions LLC, Muddy Water Productions LLC, Martinez, Ross, and the other defendants. Glenn Deadman of San Antonio and Carl J. Kolb of Austin represented Barina.
The case is Netflix Inc. v. Barina, Tex. App., 4th Dist., No. 04-21-00327-CV, 8/31/22.
Full Article & Source:
Netflix Must Face Defamation Suit Over ‘Dirty Money’ Episode
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