Cleora Guile v. United States

507 F. App'x 612

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 28, 2013
• Docket: 12-3484
• Status: Unpublished

Opinion

PER CURIAM.

Cleora Guile appeals following the district court’s 1 adverse grant of summary judgment in her medical malpractice action brought under the Federal Tort Claims 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 ease 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.

1 . The Honorable Jean C.. Hamilton, United States District Judge for the Eastern District of Missouri.

2 . We do not address arguments that Guile newly raises in this appeal.