Opinion
Case No. 00-1318-JAR
May 19, 2003.
MEMORANDUM ORDER CERTIFYING QUESTION OF STATE LAW TO THE KANSAS SUPREME COURT
This case includes medical and hospital negligence claims against the various defendants. The Plaintiffs have filed a Motion to Certify Question of State Law to the Kansas Supreme Court (Doc. 258). Plaintiffs move this Court to certify a question of state law to the Kansas Supreme Court pursuant to the Uniform Certification of Questions of Law Act, K.S.A. 60-3201. Pursuant to K.S.A. 60-3201, the Kansas supreme court may answer questions of law certified to it, when requested by the certifying court:
if there are involved in any proceeding before it questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the supreme court and the court of appeals of this state.
Under the Health Care Provider Insurance Availability Act ("Act"), health care providers cannot be held vicariously liable for the negligent acts or omissions of other health care providers, who are qualified for coverage under the fund, pursuant to K.S.A. 40-3403(h). Prior to the 2001 Legislative session, K.S.A. 40-3401(f) defined the term "health care provider" to include only those entities and individuals who were licensed, engaged in, and who provided health care. Plaintiffs argue that after Plaintiffs' cause of action arose, the Act was amended to include Defendant Wichita Center for Graduate Medical Education, Inc. ("WCGME") as a health care provider. The question sought to be certified is as follows:
K.S.A. 40-3401, et seq.
Does the retroactive application, by K.S.A. 2001 Supp. 40-3414(i)(1), of 2001 Kan. Sess. Laws 204, S.B. 366, amending K.S.A. 40-3401(f) and K.S.A. 40-3403(h) of the Health Care Provider Insurance Availability Act, deprive Plaintiffs of a vested property right and violate § 18 of the Bill of Rights of the Kansas Constitution and, in addition, violate the equal protection clause of § 1 of the Bill of Rights of the Kansas Constitution?
This question involves an undecided issue of state law that will be determinative of the defendant WCGME's Motion for Partial Summary Judgment.
Defendant Wesley Medical Center has objected to Plaintiffs' motion to certify, arguing that the Kansas Supreme Court has previously denied interlocutory review of the same question. However, the Kansas Court of Appeals denied interlocutory review of a decision of the District Court of Sedgwick County, Kansas. The Kansas Supreme Court has not had an opportunity to address the constitutional questions involved with this issue and there currently is no controlling precedent on the issue in the decisions of the supreme court and the court of appeals as set forth in K.S.A. 60-3201.
Raney-Neises v. HCA Health Servs. of Kansas, Inc., Sedg. Cty. Dist. Ct. Case No. 99 C 3157.
Raney-Neises v. HCA Health Servs. of Kansas, Inc., Case No. 02-89453-A (Kan.App. Sept. 20, 2002).
Defendant Wesley Medical Center has also objected that certification will cause delay in this case. However, all of the parties have filed a joint motion for intra-district transfer in this case, and the defendants have filed a joint motion for continuance of trial. The Court will be granting these motions pursuant to a separate order, and finds that certification of the question of state law in this case will not unduly delay this case. Therefore, the Court finds that certification is proper in this case.
IT IS THEREFORE ORDERED that Plaintiffs' Motion to Certify Question of State Law to the Kansas Supreme Court (Doc. 258) is GRANTED.
IT IS FURTHER ORDERED THAT the foregoing question shall be certified to the Kansas Supreme Court. The Clerk of this Court shall forward to the Kansas Supreme Court a copy of this Memorandum Order, along with copies of the briefs and exhibits submitted by the parties in support of and in opposition to the defendant WCGME's Motion for Partial Summary Judgment. The Clerk shall also comply with any subsequent requests which may be made by the Kansas Supreme Court for the original or copies of all or any portion of the record in this case.
IT IS SO ORDERED.