TULEY v. KANSAS CITY POWER & LIGHT CO.

No. 67,445

252 Kan. 205 (1992)

843 P.2d 248

JAMES A. TULEY and ANGELA HATFIELD, Appellants, v. KANSAS CITY POWER & LIGHT COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1992.


Attorney(s) appearing for the Case

Shawn E. DeGraff, of Robert G. Herndon, P.A., of Overland Park, argued the cause, and Robert G. Herndon, of the same firm, and Ernest C. Ballweg, of Johnston, Ballweg, Christlieb & Tuley, of Overland Park, were with him on the briefs for appellants.

J. Nick Badgerow, of Spencer, Fane, Britt & Browne, of Overland Park, argued the cause, and Michael A. Rump, of Kansas City Power and Light Company, of Kansas City, Missouri, was with him on the brief for appellee.

F. James Robinson, Jr., of Kahrs, Nelson, Fanning, Hite & Kellogg, of Wichita, was on the brief for amicus curiae Kansas Association of Defense Counsel.


The opinion of the court was delivered by

ABBOTT, J.:

This is an appeal from the trial court's grant of summary judgment in favor of Kansas City Power & Light Company (KCPL). This is a class action negligence suit on behalf of current and former employees of KCPL, alleging property damage to their vehicles because of exposure to acidic particulate emissions (acid rain) from the plant. The plaintiffs also appeal from the trial court's denial of class certification...

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