Federal Insurance Company v. United States

HILL, Circuit Judge.

The Government appeals a judgment against it in an action brought under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq. Appellees are three insurance companies suing as subrogees of Davies Supply & Mfg. Co. whose property was damaged in a fire at Tinker Air Force Base in Oklahoma. The trial court relied on the doctrine of res ipsa loquitur in finding the Government’s negligence was the cause of the fire. The doctrine permits an inference of negligence on the part of defendant sufficient to establish a prima facie case when plaintiff proves: (1) the event is of a…