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Reedy v. Webb11/27/2002
Donald Reedy ("Reedy") appeals the trial court's order granting summary judgment in favor of Crayton Webb ("Webb") and Gaylord Broadcasting Company ("Gaylord") (collectively "Appellees"). Reedy raises four issues on appeal. We affirm.
Background
Webb, a reporter for a Dallas television station owned by Gaylord, reported a story about mold contamination in a house recently purchased by the Kundysek family (the "Kundyseks"). The home was constructed by Reedy's company, Stone Investments. The nature of Reedy's business was to buy an older home, tear it down, make additions to the foundation and construct a home on the foundation with the additions. The Kundyseks' home was a remodeled home constructed on such a hybrid foundation.
On December 21, 1998, ten days after the Kundyseks moved into their home, a substantial water leak developed. The Kundyseks contacted Reedy who sent workers to the house the next morning. However, when Reedy's workers arrived at the house, the Kundyseks, believing that the pumps Reedy's crew had brought with them were inadequate, sent the workers away. Reedy contacted the Kundyseks, who informed him that they would rely on their insurance company, Chubb, to clear the water and repair any damage caused thereby.
After extensive research, including interviews with both the Kundyseks and Reedy, Webb's report was broadcast on the evening news (the "television broadcast") and posted on the station's internet site (the "web article"). The substance of the report on the station's website, which tracks the language of the television broadcast closely, is as follows:
Call for Action: Dallas Family Moves into Contaminated Home Tuesday September 28, 1999
(KTVT) Tonight we have the story of a Dallas family who thought they bought the perfect house in the perfect neighborhood. That is until thousands of gallons of water turned their dream home into a money pit. Call for Action investigator Crayton Webb shows us why this family was forced to leave the house the city says they never should've moved into.
"It was our dream house. We wanted to raise our kids here," said Deeann Kundysek.
The house they'd hoped to live in for the next thirty years is now environmentally contaminated.
David and Deeann Kundysek paid nearly a million-dollars last year for a Preston Hollow home, but 10 days after moving in; a joint to the main water line broke, flooding the foundation.
According to engineering reports, 70,000-gallons of water was underneath the Kundyseks' house. To give you an idea just how much that is you'd have to fill up a swimming pool more than three times to get that much water.
The Kundyseks immediately called their builder, Don Reedy of Stone Investments. The Kundyseks say Reedy's men showed up with a small inadequate water pump, so they turned them away and called their insurance company to get the job done quicker.
But within weeks the Kundysek's daughters began getting sick, 6 month-old, Kennedy, even failed her first hearing test.
"I usually don't see a brand new home like this in this bad of condition," said Ken McBride, Texas Health Department.
Ken McBride of the Texas Health Department says carcinogenic mold was growing within the home's walls.
"Some of those molds are extremely bad. They can put you in the hospital permanently," said Ken McBride. The builder, Don Reedy[,] offered to buy the house back for $550,000. The Kundyseks' insurance company, Chubb, has offered $300,000 to fix the house, but there's no guarantee the mold won't return.
City records show the Kundysek's
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