Richard Hart v. United States, No. 12-3699 (8th Cir. 2013)
Annotate this CaseCourt Description: Civil case - Federal Tort Claims Act. Defendant's judgment affirmed as the issue plaintiff raises on appeal was not raised below and does not come within any exception for entertaining new arguments on appeal.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-3699 ___________________________ Richard Hart lllllllllllllllllllll Plaintiff - Appellant v. Yi Pan, M.D.; Tenet HealthSystem SL, Inc.; Allergan USA, Inc. lllllllllllllllllllll Defendants United States of America lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________ Submitted: October 2, 2013 Filed: October 7, 2013 [Unpublished] ____________ Before LOKEN, BYE, and BENTON, Circuit Judges. ____________ PER CURIAM. Richard Hart appeals the district court s1 adverse judgment following a bench trial in his Federal Tort Claims Act lawsuit. We decline to consider Hart s sole argument for reversal as it is based on an issue not raised below, and it does not fall under the recognized exceptions for entertaining new arguments. See Henning v. Mainstreet Bank, 538 F.3d 975, 979 (8th Cir. 2008). The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Charles A. Shaw, United States District Judge for the Eastern District of Missouri. -2-
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