Aetna Life & Casualty Insurance v. United States

MEMORANDUM OPINION

FLAUM, District Judge:

This matter comes before the court on the defendant’s motion for summary judgment on the complaint pursuant to Federal Rule of Civil Procedure 56. For the reasons set forth below, the motion for summary judgment is granted.

The facts of the case are as follows. The plaintiff Aetna Life and Casualty Insurance Company (“Aetna”), as subrogee of one Cleo Daniels (“Daniels”), filed suit against the defendant United States of American (“United States”) based upon the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2679(a) (1978). Aetna alleges that it…