Cleora I. Guile v. United States of America

12-2514Court of Appeals for the Eighth Circuit31 mag 2013

Testo completo

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 12-3484
___________________________
Cleora I. Guile
lllllllllllllllllllll Plaintiff - Appellant
v.
United States of America
lllllllllllllllllllll Defendant - Appellee
____________
Appeal from United States District Court
for the Eastern District of Missouri - Hannibal
____________
Submitted: May 7, 2013
Filed: May 28, 2013
[Unpublished]
____________
Before WOLLMAN, BOWMAN, and GRUENDER, Circuit Judges.
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PER CURIAM.
Cleora Guile appeals following the district court’s adverse grant of summary1
judgment in her medical malpractice action brought under the Federal Tort Claims
The Honorable Jean C. Hamilton, United States District Judge for the Eastern1
District of Missouri.

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Act. Having carefully considered the record before us, see Laughlin v. Schriro, 430
F.3d 927, 928 (8th Cir. 2005) (de novo review of grant of summary judgment), we
agree with the district court, for the reasons that the court explained in its order, that
Guile failed to establish a prima facie case of medical malpractice under Missouri
law, see Tompkins v. Kusama, 822 S.W.2d 463, 464 (Mo. Ct. App. 1991) (elements).2
The judgment is affirmed. See 8th Cir. R. 47B.
______________________________
We do not address arguments that Guile newly raises in this appeal.2
-2-

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