SEMO Services, Inc. v. BNSF Railway Company (2022)

Citation: SEMO Services, Inc. v. BNSF Railway Company (2022)
Parent Document: SEMO Services, Inc. v. BNSF Railway Company (2022)
Jurisdiction: Missouri (state)
Effective Date: 2022-12-13
Original Source: https://www.courtlistener.com/opinion/10630559/semo-services-inc-v-bnsf-railw... ↗

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To prevail on a claim for defamation, SEMO must prove the following elements: 1)
publication, 2) fault, 3) the statement is defamatory, 4) causation, and 5) damages. MAI
23.06(1). Initially, the court determines if the statement is defamatory. Pape v. Reither, 918
S.W.2d 376, 380 (Mo. App. E.D. 1996); Barge v. Ransom, 30 8.W.3d 889, 890 (Mo. App. 5.D.
2000). A statement is defamatory if it clearly targets a specific individual and derides that
person’s reputation so as “to lower him in the estimation of the community or to deter third
persons from associating with him.” Pape, 918 S8.W.2d at 380 (citing Henry v. Halliburton, 690
S.W.2d 775, 779 (Mo. bane 1985) (quoting Restatement (Second) of Torts, § 559 (1977).

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