Kirkstall Road Enterprises, Inc. v. Arking Jones, 523 S.W.3d 251

Kirkstall Road Enterprises produced a TV episode of The First 48 titled "Safe House," depicting a Dallas investigation and showing Arking Jones with his image blurred and voice altered, labeled as "the witness."
After the episode aired, Jones and his family received repeated death threats; Jones was shot four times about a year later.
Jones sued Kirkstall for negligence, alleging Kirkstall failed to take reasonable care in editing/producing the episode and portrayed him as a voluntary informant, causing his bodily injuries.
Kirkstall moved to dismiss under the Texas Citizens’ Participation Act (TCPA), arguing the broadcast was protected speech on a matter of public concern and that Jones failed to meet the TCPA plaintiff burdens.
The trial court denied Kirkstall’s TCPA motion to dismiss; Kirkstall appealed the denial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Jones’s negligence claim is subject to the TCPA	Jones: claim seeks recovery for bodily injury and thus is exempt from the TCPA under §27.010(c)	Kirkstall: broadcast is protected speech on public concern; TCPA applies and dismissal is proper	Held: Claim falls within TCPA bodily-injury exemption; TCPA does not apply
Whether Jones met his burden to show the exemption	Jones: his negligence claim seeks recovery for the four gunshot wounds caused by alleged negligent broadcast	Kirkstall: exemption should not shield speech-based claims; allowing it would undermine TCPA purposes	Held: Court applied plain statutory text and found Jones met burden to show exemption
Whether Kirkstall met its initial TCPA movant burden	Kirkstall: The episode was free speech/petition related to public concern and judicial/governmental proceedings	Jones: dispute that TCPA even applies given bodily-injury exemption	Held: Court assumed (without deciding) Kirkstall met initial burden but resolved appeal on exemption ground
Whether appellate court should award sanctions for frivolous appeal	Jones: appeal is frivolous; requests damages under Tex. R. App. P. 45	Kirkstall: opposed	Held: Request for damages denied; costs of appeal awarded to Jones

In re Lipsky, 460 S.W.3d 579 (Tex. 2015) (describing TCPA purpose and summary procedure)
Tex. Lottery Comm’n v. First State Bank of DeQueen, 325 S.W.3d 628 (Tex. 2010) (statutory construction principles; give effect to legislative intent)
Tervita, LLC v. Sutterfield, 482 S.W.3d 280 (Tex. App.—Dallas 2015) (pet. denied) (nonmovant bears burden to prove statutory exemption)