GILLEY v. KANSAS GAS SERVICE CO.

No. 94,570.

169 P.3d 1064 (2007)

John Neal GILLEY, et al., Individually and as Representatives of those Persons Similarly Situated, Appellants/Cross-appellees, v. KANSAS GAS SERVICE COMPANY, et al., Appellees/Cross-appellants.

Supreme Court of Kansas.

October 26, 2007.


Attorney(s) appearing for the Case

James P. Frickleton, of Bartimus, Frickleton, Robertson & Gorny, P.C., of Leawood, argued the cause, and John F. Edgar and John M. Edgar, of The Edgar Law Firm LLC, of Kansas City, Missouri, Lee Thompson, of Thompson Law Firm, LLC, of Wichita, and Rex A. Sharp, of Gunderson, Sharp & Walke, L.L.P., of Prairie Village, were with him on the briefs for appellants/cross-appellees.

James T. Ferrini, of Clausen Miller P.C., of Chicago, Illinois, argued the cause, and Barbara I. Michaelides, of the same firm, and Charles D. Lee, of Martindell, Swearer & Shaffer, LLP, of Hutchinson, were with him on the brief for appellee/cross-appellants ONEOK, Inc., and Mid Continent Market Center, Inc.

Daniel D. Crabtree and John C. Nettels, Jr., of Stinson Morrison Hecker LLP, of Overland Park, were on the brief for appellee/cross-appellant Westar Energy, Inc.


The opinion of the court was delivered by JOHNSON, J.:

A class of business owners (business class) in Reno County, Kansas, sought damages against ONEOK, Inc. (ONEOK), Mid Continent Market Center, Inc. (MCMC), and Western Resources, Inc. (Westar) for profits lost as a consequence of the defendants' negligence which permitted natural gas to escape from the Yaggy Field gas storage facility in the vicinity of Hutchinson, Kansas. The jury found ONEOK and MCMC at fault...

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