Kris Benson and Vickie Benson v. Sherilyn Guerrero
01-23-00596-CV
Tex. App.Sep 20, 2024Background
- Kris and Vickie Benson sued Sherilyn Guerrero (Vickie's daughter and Kris's stepdaughter) for defamation after Guerrero posted a TikTok video alleging Kris sexually assaulted her and others, and criticizing Vickie's response.
- The Bensons allege Kris suffered reputational and economic harm, while Vickie claims statements accused her of witness tampering and failing to protect Guerrero.
- Guerrero moved to dismiss under the Texas Citizens Participation Act (TCPA), arguing her statements related to matters of public concern and were protected speech.
- The trial court granted Guerrero’s motion, dismissing the claims with prejudice and awarding her attorney’s fees.
- The Bensons appealed, challenging the applicability of the TCPA, sufficiency of their prima facie defamation case, and the rulings on attorney’s fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of TCPA to Vickie’s claim | Vickie not a public figure; statements not public concern | Vickie is a public figure in wrestling; statements are public concern | TCPA applies; Vickie is a public figure |
| Prima facie case for Kris’s defamation claim | Provided clear evidence & denial of allegation | Evidence insufficient; denial is conclusory; statements are true | Kris met burden; trial court erred in dismissing his claim |
| Prima facie case for Vickie’s defamation claim | Provided evidence on accusation of witness tampering, abandonment | Statements were opinion, not actionable fact; protected speech | Vickie did not meet burden; no prima facie defamation shown |
| Attorney’s fees to Bensons | Guerrero’s motion frivolous or intended to delay | Motion was proper; not frivolous | Denial affirmed; motion not frivolous |
Key Cases Cited
- Landry’s, Inc. v. Animal Legal Def. Fund, 631 S.W.3d 40 (Tex. 2021) (summary judgment review of TCPA dismissals and public figure analysis)
- Hersh v. Tatum, 526 S.W.3d 462 (Tex. 2017) (plaintiffs' allegations basis of claim under TCPA)
- In re Lipsky, 460 S.W.3d 579 (Tex. 2015) (TCPA procedures and standards for prima facie evidence)
- Dallas Morning News, Inc. v. Tatum, 554 S.W.3d 614 (Tex. 2018) (distinguishing fact from opinion in defamation context)
- Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002) (framework for analyzing actionable fact vs. opinion in defamation)
- WFAA-TV Inc. v. McLemore, 978 S.W.2d 568 (Tex. 1998) (public figure determination is legal question)
- Turner v. KTRK Television, Inc., 38 S.W.3d 103 (Tex. 2000) (contextual analysis of potentially defamatory statements)