Fred Grossman, M.D., Plaintiff-Appellant, v. Columbine Medical Group, Inc. and FHP of Colorado, Inc. a/k/a Pacificare of Colorado, Inc., Defendants-Appellees., 12 P.3d 269

Summary

Plaintiff physician appealed from summary judgment entered in favor of defendant medical practice association in action arising from defendant's termination of service contract with plaintiff; plaintiff also appealed from judgment dismissing plaintiff's claims against defendant association and defendant managed health care provider. Plaintiff sought reinstatement, compensatory damages, and hearing in which to respond to any asserted basis for the termination. Termination without cause provision in contract was not void as against public policy; Colo. Rev. Stat. §§ 10-16-121 and 10-16-705(7) (1999) expressed legislative intent that such clauses were permissible. Since clause expressly enabled both parties to terminate contract for any reason, plaintiff could not rely on implied duty of good faith and fair dealing to circumvent terms for which plaintiff expressly bargained. Court rejected defendant managed health care provider's claim for attorney fees; appeal of dismissal of claim ...