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KEARNEY v. KANSAS PUBLIC SERVICE CO.

No. 54,224

233 Kan. 492 (1983)

665 P.2d 757

EDGAR DALE KEARNEY and HELEN C. KEARNEY, d/b/a PIER I IMPORT ASSOCIATES, INC., Plaintiffs/Appellees/Cross-Appellants, and Consolidated Cases JOHN H. MOORMAN, Administrator of the Estate of JOHN GORDON MOORMAN, Deceased, and JOHN H. and GENEVA SMITH MOORMAN, LEROY McDERMOTT, DOUGLAS COUNTY STATE BANK, Administrator of the Estate of MICHAEL M. COLLEY, Deceased, and JOHN V. and MILDRED G. COLLEY, RALPH N. WOLFSON and CHARLES WOLFSON, BRIMAN'S LEADING JEWELERS, INC., JOHN T. LEE, ROUND CORNER DRUG COMPANY, INC., LESLIE SCHULTZ, CLARE JENNINGS, LARRY D. JOHNSON and PEGGY L. JOHNSON, d/b/a JENNINGS DAYLIGHT DONUTS, Plaintiffs/Appellees, v. KANSAS PUBLIC SERVICE COMPANY, Defendant/Appellant/Cross-Appellee, and E.I. DU PONT DE NEMOURS & COMPANY, INC., and DRESSER INDUSTRIES, INC., Defendants/Appellees.

Supreme Court of Kansas.

Opinion filed June 10, 1983.

Attorney(s) appearing for the Case

Glenn McCann, of Knipmeyer, McCann, Fish & Smith, of Kansas City, argued the cause, and Justice B. King, of Fisher, Patterson, Sayler & Smith, of Topeka, and Olin Petefish, of Petefish, Curran & Immel, of Lawrence, were with him on the briefs for Kansas Public Service Company, appellant/cross-appellee.

John W. Lungstrum, of Stevens, Brand, Lungstrum, Golden & Winter, of Lawrence, argued the cause and was on the brief for Edgar Dale Kearney and Helen C. Kearney, appellees/cross-appellants.

Charles D. McAtee, of Eidson, Lewis, Porter & Haynes, of Topeka, argued the cause and Anne L. Baker, of the same firm, was with him on the briefs for E.I. du Pont de Nemours & Company, Inc., appellees.

Jerome V. Bales, of Wallace, Saunders, Austin, Brown and Enochs, Chartered, of Overland Park, argued the cause and was on the briefs for Dresser Industries, Inc., appellees.

The opinion of the court was delivered by

HOLMES, J.:

Kearney, et al v. Kansas Public Service Company, Inc., et al, case No. 54,224, (hereinafter referred to as Kearney or the Kearney case), and the ten cases consolidated with it in this appeal, grew out of a natural gas explosion which occurred in Lawrence, Kansas, in the early morning hours of December 15, 1977. The explosion claimed two lives and caused serious personal injuries along...

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