Aetna Casualty & Surety Co. v. United States

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

Plaintiff, Aetna Casualty and Surety Company, brought this action under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), as the subrogee of Jerome Building Company, lessor of a building leased to the United States Postal Service. Plaintiff alleges that prior to October 8, 1978, employees of the Postal Service negligently stored paint supplies near a heating unit in a storage room in the Post Office. Plaintiff further alleges that certain postal employees negligently discarded smoldering smoking materials in the storage room. Plaintiff…