U.S. Court of Appeals for the Eighth Circuit, 2013

Layla Linegar v. Mark Lobanoff, M.D.

Layla Linegar v. Mark Lobanoff, M.D.
U.S. Court of Appeals for the Eighth Circuit · Decided March 7, 2013 · Wollman, Bowman, Gruender
499 F. App'x 635

Layla Linegar v. Mark Lobanoff, M.D.

Opinion

PER CURIAM.

Layla Linegar appeals the district court’s 1 order dismissing her diversity action asserting state medical tort claims, after Linegar acknowledged that she did not have an expert witness to testify at trial. After careful review, see Schaffart v. ONEOK, Inc., 686 F.3d 461, 470 (8th Cir. 2012) (grant of judgment as matter of law is reviewed de novo), we conclude that the dismissal was proper for the reasons stated by the district court, see Fabio v. Bellomo, 504 N.W.2d 758, 762 (Minn. 1993) (expert-testimony requirement for medical-malpractice claim); Reinhardt v. Colton, 337 N.W.2d 88, 96 (Minn. 1983) (expert-testimony requirement for negligent-nondisclosure claim). The judgment is affirmed. See 8th Cir. R. 47B.

1

. The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota.

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