Kris Benson and Vickie Benson v. Sherilyn Guerrero
01-23-00596-CV
Tex. App.Aug 27, 2024Background
- Kris and Vickie Benson sued Sherilyn Guerrero (Vickie's daughter/Kris's stepdaughter) for defamation after Guerrero posted a TikTok video alleging Kris sexually assaulted her on a family cruise and that Vickie failed to protect her.
- Guerrero moved to dismiss under the Texas Citizens Participation Act (TCPA), arguing her statements concerned matters of public concern and exercised her right to free speech.
- The trial court granted Guerrero's motion, dismissing the Bensons’ claims with prejudice and awarding Guerrero attorney's fees.
- The Bensons appealed, challenging the applicability of TCPA to Vickie's claims, sufficiency of their evidence, and the trial court’s denial of their request for attorney's fees.
- The court of appeals affirmed dismissal of Vickie’s claims but reversed and remanded as to Kris’s defamation claim, requiring further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| TCPA applies to Vickie's claims? | Vickie not a public figure; claims not public concern | Vickie is a public figure due to wrestling fame | Vickie is a public figure; TCPA applies to her claims |
| Prima facie case of defamation | Provided sufficient clear and specific evidence | No prima facie case; statements were true/opinion | Kris met burden for his claim (reversed); Vickie did not for hers (affirmed) |
| Statement as fact vs. opinion | Guerrero’s statements about Vickie were defamatory statements | Statements were opinion, not verifiable fact | Guerrero's statements about Vickie were non-actionable opinion |
| Attorney's fees (to Bensons) | Guerrero’s motion was frivolous or for delay | Motion was not frivolous | No error in denying Bensons’ request for attorney’s fees |
Key Cases Cited
- Landry’s, Inc. v. Animal Legal Def. Fund, 631 S.W.3d 40 (Tex. 2021) (TCPA coverage and standards of review)
- In re Lipsky, 460 S.W.3d 579 (Tex. 2015) (TCPA procedures and burden-shifting)
- Dallas Morning News, Inc. v. Tatum, 554 S.W.3d 614 (Tex. 2018) (fact vs. opinion in defamation)
- WFAA-TV Inc. v. McLemore, 978 S.W.2d 568 (Tex. 1998) (public figure determination in libel actions)
- Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002) (distinguishing opinion from verifiable fact in defamation)