Section 5.65 Issues of Law vs. Issues of Fact

• Library: Tort Law 2016

B. (§5.65) Issues of Law vs. Issues of Fact

Whether words are capable of a defamatory meaning is a question of law for the court. Brown v. Kitterman, 443 S.W.2d 146 (Mo. 1969). In determining whether alleged words are defamatory, the court must construe them in the context of the entire publication; after viewing the entire publication, the court should then decide whether a reasonable reading of the words claimed to be libelous is defamatory as to the plaintiff. Coots v. Payton, 280 S.W.2d 47 (Mo. banc 1955). In making this determination, the court should construe the words "in their most innocent sense." Walker v. Kansas City Star Co., 406 S.W.2d 44, 51 (Mo. 1966); See also:

· Ampleman v. Scheweppe, 972 S.W.2d 329, 333 n.2 (Mo. App. E.D. 1993) ("if a statement is capable of two meanings (one defamatory and one nondefamatory), and can reasonably be construed in an innocent sense, the court must hold the statement nonactionable as a matter of law")

· Hagler v. Democrat-News, Inc., 699 S.W.2d 96 (Mo. App. E.D. 1985)

· Johnson v. Am. Mut. Liab. Ins. Co., 335 F. Supp. 390, 394 (W.D. Mo. 1971)

· Castle Rock Remodeling, LLC v. Better Bus. Bureau of Greater St. Louis,

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