![]() Gittens was aware that editors sometimes altered the text of articles and, as typical of such editing, he cited stylistic changes to an article's lead, or first, paragraph. He speculated that the error might have occurred during the editing process.Īfter Gittens prepared the re-write on a personal computer, he transmitted it to an electronic "basket" where it was reviewed by an editor. #David kipper license#According to Gittens, the Post re-write was slated to appear in the second edition of the paper, the usual deadline for which was "around 8:00 to 9:00 o'clock." Gittens swore in an affidavit and testified at his deposition that he did not recall writing and did not think he wrote that plaintiff's license was revoked, a statement that defendant concedes was both false and defamatory. The record reveals that, sometime during the evening of December 6, a Post editor assigned the task of rewriting the wire service story to a then-part-time reporter, Lyle Hasani Gittens. The circumstances surrounding the Post's erroneous statement are not entirely clear. Despite clearly indicating that it was based upon "Los Angeles Times reports," the sixth paragraph of the Post rewrite incorrectly stated that "the state medical board revoked Kipper's license." But the Post article, which appeared under the inaccurate headline "Ozzy's Rx doc's license pulled," contained an error. In addition, the Times article accurately stated that the California Medical Board had "moved to revoke" plaintiff's license due to his alleged gross negligence in the treatment of other patients. Kipper, had overprescribed various medications to him during the time that Osbourne starred in a television reality series 1. The Times article, entitled "Harsh Reality of 'Osbournes' No Laughing Matter," described the rock-singer John "Ozzy" Osbourne's allegations that his former physician, plaintiff David A. On December 7, 2003, page 24 of the New York Post's Sunday edition carried a short, eight-paragraph, "rewrite" of a 98-paragraph article taken from the Los Angeles Times's wire service. ![]()
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