# Gambill v. Stroud

> Supreme Court of Arkansas · January 26, 1976 · 258 Ark. 766

URL: https://www.frixlaw.com/law-library/cases/9684357

## Case

- **Full name:** Richard GAMBILL Et Al v. Dr. Paul T. STROUD
- **Court:** Supreme Court of Arkansas
- **Decided:** January 26, 1976
- **Citations:** 258 Ark. 766; 531 S.W.2d 945
- **Precedential status:** Published
- **Opinion:** Concurrence by Byrd
- **Judges:** Fogleman, Byrd, Smith, Jones, Roy
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9684357

## How later opinions describe it (automated extraction)

- stating similarity depends not on size or location of community, but on “medical facilities, practices and advantages” available in community
- explaining purpose of locality rule and declining to adopt national standard of care

## Opinion text

Conley Byrd, Justice, concurring. While I must agree that there is some merit to the minority’s criticism of the “same or similar locality” rule, I find that it has become firmly established as part of the law of this State. The rule did not come into our law as the result of an incorrect interpretation of the Constitution of this State or the United States as was the situation in Parish v. Pitts, 244 Ark. 1239 , 429 S.W. 2d 45 (1968), and therefore it is subject to change by the General Assembly. In that situation under Article 2, § 12 of the Constitution of Arkansas this court is prohibited from suspending or setting aside the law with respect to the “same or similar locality” rule. Article 2, § 12 provides:
“No power of suspending or setting aside the law or laws of the State shall ever be exercised except by the General Assembly.”
For the reasons stated, I concur in the majority opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9684357. Public record. Not legal advice.