Wilcox v. United States, No. 16-4181 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed the district court's grant of the United States' motion to substitute parties and motion to dismiss, as well as Lake Regional's motion for summary judgment. Plaintiff filed suit against defendants, including Lake Regional, for negligence after doctors failed to diagnose her cancer. The court held that the district court properly granted summary judgment for Lake Regional because plaintiff failed to show a genuine dispute of material fact that one of the doctors was employed by Lake Regional; the district court did not err in granting the motion to substitute because plaintiff could not rebut the prima facie evidence that the doctor was a federal employee; the district court did not err in granting the motion to dismiss where her tort claim was untimely; and equitable tolling was not applicable in this case.