Lance Milliman v. Betty Jean Lindemoen

1The Honorable James M. Moody, United States District Judge for the Eastern
District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 05-2150
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Larry Craigmyle, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
U.S. Government, *
* [UNPUBLISHED]
Appellee. *
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Submitted: July 5, 2006
Filed: July 12, 2006
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Before COLLOTON, BEAM, and HANSEN, Circuit Judges.
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PER CURIAM.
Larry Craigmyle appeals the district court’s 1 adverse grant of summary
judgment to the United States in this medical malpractice action brought under the
Federal Tort Claims Act, 28 U.S.C. §§ 2671-80. Following our careful review, we
affirm because Craigmyle’s complaint allegations demonstrate that he knew, or in the
exercise of reasonable diligence should have known, the cause and existence of his
injury more than two years before he filed his administrative claim. See T. L. ex rel.
Ingram v. United States, 443 F.3d 956, 961-62 (8th Cir. 2006) (medical malpractice

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claim against United States is jurisdictionally barred unless administrative claim was
filed with appropriate agency within two years after plaintiff actually knew, or in
exercise of reasonable diligence should have known, cause and existence of his
injury); Osborn v. United States, 918 F.2d 724, 729-730 (8th Cir. 1990) (standard of
review).
Accordingly, we affirm. See 8th Cir. R. 47B.
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