# Bair v. Peck

> Supreme Court of Kansas · May 24, 1991 · 248 Kan. 824

URL: https://www.frixlaw.com/law-library/cases/9530698

## Case

- **Full name:** Stephen Bair, Plaintiff, v. Roger G. Peck, M.D.; Perry Smith, M.D.; Great Bend Internists, P.A.; And Alderson, Schuckman, and Smith, P.A., Defendants
- **Court:** Supreme Court of Kansas
- **Decided:** May 24, 1991
- **Citations:** 248 Kan. 824; 811 P.2d 1176; 1991 Kan. LEXIS 100
- **Precedential status:** Published
- **Opinion:** Dissent by Herd
- **Judges:** Holmes, Allegrucci, Lockett, Herd
- **Cited by:** 116 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by Miller v. Johnson, 295 Kan. 636 (2012).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9530698

## How later opinions describe it (automated extraction)

- holding medical malpractice insurance requirements existing "[a]t the time of the malpractice alleged by the plaintiff" were adequate to support amendment eliminating vicarious liability claims against doctors' employers because quid pro quo would have been sufficient if amend…
- reasoning mandatory liability insurance minimums were "a sizeable quid pro quo . . . and certainly [were] an adequate substitute remedy for the common-law rights given up by injured malpractice victims."
- reasoning mandatory liability insurance minimums were "a sizeable quid pro quo ... and certainly [were] an adequate substitute remedy for the common-law rights given up by injured malpractice victims."
- holding medical malpractice minimums provided substitute remedy for abrogation of vicarious liability claim against health care provider's employer

## Opinion text

Herd, J.,
dissenting: I am apprehensive about our step-by-step retreat from constitutional principles with a convenient technique of rationalizing equal protection and ignoring the required quid pro quo required as a substitute for a “remedy by due course of law.” Thus, our written constitution loses its meaning and affords no barrier to the enactment of unjust laws resulting from the transitory public pressures of the moment. Therefore, I dissent.
Lockett, J., joins the foregoing dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9530698. Public record. Not legal advice.