Brooks v. Empire District Electric Co.

Karen J. Brooks, Clark Harris, and Dianne Slater (“Plaintiffs”), “as members of a class of customers of [t]he Empire District Electric Company” (“Empire”), filed a lawsuit in circuit court seeking money damages from Empire on a claim that Empire had charged and retained from them payments for electric service “in excess of [Empire’s] lawful and authorized tariff rates[.]”1 In a judgment entered June 29, 2012, the trial court dismissed Plaintiffs petition with prejudice.

Plaintiffs assert five points of alleged error: (1) the trial court erred in sustaining Empire’s motion to dismiss because…