'Dateline' Hurt by Its Own Words
Speaking at the ATA Litigation Center’s board of directors meeting Oct. 28, William D. Robitzek said three factors helped him to win a $525,000 judgment for Ray Veilleux, the owner of Classic Carriers of Waterville, Maine, his wife Kelly, and Mr. Kennedy.
Mr. Kennedy was filmed on a cross-country run in a two-part feature on driver fatigue that was shown in April 1995. The plaintiffs contended that the piece unfairly placed the driver and the company in a negative light.
The first factor that helped win the case, according to Mr. Robitzek, was the environment leading up to the trial in June of this year. The media had come under fire for a series of transgressions, including an incident in which a Boston Globe columnist admitted fabricating quotes, he noted.
The second factor was having good witnesses. “Kelly, Ray and Pete were three of the best witnesses,” Mr. Robitzek said. “They possessed an amazing combination of candor and outrage.
“I honestly did not know what was going to happen. There were times when they told NBC’s lawyers off. Peter Kennedy broke down in tears when he talked about how his life was ruined because NBC held him up as a lawbreaker, someone you would not trust and someone you would not want to be on a highway with.”
Most convincing were out-takes, obtained through discovery procedures, that showed NBC correspondent Fred Francis praising Mr. Kennedy’s driving ability and his attention to safety. Video clips also showed how events were staged, and program notes proved NBC producer Alan Handle lied about his intentions when he assured Mr. Veilleux and Mr. Kennedy that the network wanted to do a positive story about trucking.
The jury found in favor of the plaintiffs on 19 counts of fraud and defamation.
Although the case is being appealed, Mr. Robitzek said the jury’s message is clear. “It is [that] you can be sued if you make representations about a story and lie. That’s certainly something not allowed in the state of Maine.”
