Tuley v. Kansas City Power & Light Co.

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 to the plaintiffs’ spouses.

KCPL is a public utility that owns and operates the LaCygne Generating Station, a two-unit coal-fired…