Section 2 Meaning and Proof of Reputation

• Library: Damages 2012

Courts in Missouri have reasoned that a person’s “[r]eputation is based on the opinion of the community as a whole, rather than the personal estimate of an individual.” Jenkins v. Revolution Helicopter Corp., 925 S.W.2d 939, 944 (Mo. App. W.D. 1996). To present competent testimony as to reputation, a witness must have “knowledge of how the community regards a particular individual or entity.” Id. As a result, “[b]efore a witness may give reputation testimony, the witness’ contact and the capacity and frequency of that contact with the relevant community must be firmly established.” Id. at 945. A plaintiff can provide testimony of the plaintiff’s own reputation if
this necessary foundation is laid. Id. at 944 (“Just as an individual may know the reputation of another, so may one know one’s own reputation.”). But that testimony, alone, may not be sufficient to make a submissible claim of defamation. Scott v. LeClercq, 136 S.W.3d 183, 196 (Mo. App. W.D. 2004). “Awards based on a plaintiff's...