Monday, May. 07, 1984
Sorry, Shirley
And surely sorry
Ever since Carol Burnett decked the National Enquirer with a $1.6 million libel victory three years ago, Hollywood stars from Gary Grant to Shirley Jones have awaited their turn in court against the sensationalist tabloid. Jones has now traded her day in court for a day in print, with an unusual settlement that may set a precedent for Enquirer suits to come--and possibly for negotiated conclusions to other libel cases.
Jones and her husband Agent Marty Ingels brought suit for $20 million in 1979 after the Enquirer (circ. 4.7 million) ran a lurid account of their purported marital problems under the headline HUSBAND'S BIZARRE BEHAVIOR IS DRIVING SHIRLEY JONES TO DRINK. The Supreme Court helped Jones by ruling six weeks ago that such cases can be tried in the plaintiffs home state if the publication involved regularly circulates there. That meant that Jones could have her say in the potentially sympathetic environs of Los Angeles.
During closed-door sessions in the chambers of LOB Angeles Superior Court Judge George Dell, attorneys for both sides let the judge set the amount of a cash award to be paid by the Enquirer and negotiated an arrangement for a retraction. Not only will the Enquirer publish a detailed four-paragraph apology in this week's issue, but Jones and Ingels will be permitted to reprint the retraction in the New York Times, the Los Angeles Times, the Washington Post and other papers. In the retraction the Enquirer admits that the article contained "unfortunate inaccuracies," and apologizes "to the Ingels, to their family and friends, and to their many fans across the country."
Skipping a court room battle may pay off in more ways than one. Though juries have awarded astronomical figures to plaintiffs in recent libel decisions, appellate courts have sharply reduced many of these awards. Carol Burnett's $1.6 million, for instance, has shrunk to $50,000 in general damages. A new trial will determine the punitive damages.
A provision of the Jones-Ingels settlement forbids disclosure of its exact size, but Ingels allowed that after $300,000 in legal fees and $34,000 in advertising costs to reprint the Enquirer's retraction, there was more than enough left over to purchase a catamaran, which has been christened with the tabloid's initials, N.E. Said he: "We're talking satisfaction here. We're grinning from ear to ear."