HAYES SIGHT & SOUND, INC. v. ONEOK, INC.

No. 92,704

281 Kan. 1287 (2006)

HAYES SIGHT & SOUND, INC., d/b/a WOODY'S FURNITURE, Appellee/Cross-appellant, v. ONEOK, INC. and MID CONTINENT MARKET CENTER, INC., Appellants/Cross-appellees. DECOR PARTY SUPPLIES OF KANSAS, INC. and ARNOLD FROESE AND CAROL FROESE, Appellees/Cross-appellants, v. ONEOK, INC. and MID CONTINENT MARKET CENTER, INC., Appellants/Cross-appellees.

Supreme Court of Kansas

Opinion filed June 16, 2006.


Attorney(s) appearing for the Case

Lynn W. Hursh, of Armstrong Teasdale LLP, of Kansas City, Missouri, argued the cause, and Gerald A. King, Darren K. Sharp, and Karrie J. Clinkinbeard, of the same firm, and Ross Hollander, of Joseph & Hollander, P.A., of Wichita, were with him on the briefs for appellants/cross-appellees ONEOK, Inc., and Mid Continent Market Center, Inc.

Jay F. Fowler, of Foulston Siefkin LLP, of Wichita, argued the cause, and James D. Oliver, Timothy B. Mustaine, Mark A. Biberstein, and Todd N. Tedesco, of the same firm, were with him on the briefs for appellees/cross-appellants Hayes Sight & Sound, Inc., d/b/a Woody's Furniture, Decor Party Supplies of Kansas, Inc., and Arnold Froese and Carol Froese.


The opinion of the court was delivered by

ALLEGRUCCI, J.:

The Hutchinson businesses Hayes Sight & Sound, Inc., d/b/a Woody's Furniture (Woody's) and Decor Party Supplies of Kansas, Inc. (Decor) were destroyed on January 17, 2001, when natural gas migrated from underground storage caverns and ignited. In the negligence action brought by Woody's and Decor against ONEOK, Inc. (ONEOK) and its wholly owned subsidiary, Mid Continent Market Center, Inc. (MCMC...

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