Forte Hotels, Inc. v. Kansas City Power & Light Co.

Forte Hotels, Inc., and Forte Hotels (UK) Ltd. (collectively referred to as “Forte”) appeal from a summary judgment in their negligence and breach of contract action against the Kansas City Power & Light Company (“KCP & L”). Forte contends that the summary judgment was improper because KCP & L’s tariffs or rules for electric service do not exempt the utility from liability for its own negligence, and because KCP & L’s motion for summary judgment did not address Forte’s action in tort.

The summary judgment is reversed and the cause remanded.

At approximately 4:40 a.m. on March 20, 1991, one of…