United States Eighth Circuit

In an action brought by guardians against the government alleging that it was legally responsible, through its employees, for permanent injuries an infant suffered after being shaken by his biological father, a judgment for the government is affirmed over claims that the district court erred in utilizing the "but for" test in its proximate cause determination and in concluding that plaintiffs did not satisfy their burden of proving proximate cause.

Appellate Information

• Decided 08/16/2007
• Published 08/16/2007

Judges

• GRUENDER, Circuit Judge., Before COLLOTON, BEAM and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mark A. Cox, argued, Oklahoma City, OK, Daniel B. Cullan and Paul W. Madgett, on the brief, Omaha, NE, for appellant.


• For Appellees:
  
• Paul D. Boeshart, AUSA, argued, Lincon, NE, for appellee.