MacOn-bibb County Industrial Authority v. Nord Bitumi, U.S., Inc.

This is an alleged subrogation claim by the fire insurer of a property owner against the allegedly negligent tenant of the property. On consent of the parties, United States Magistrate Judge Claude W. Hicks, Jr. decided the case. See 28 U.S.C. § 636(c)(1). (Section 636(c)(3) allows appeal from the magistrate judge’s judgment to be taken directly to this Court). Judge Hicks held that under the terms of the lease, the parties agreed to a waiver of subrogation and entered a summary judgment for the defendant. We affirm, essentially for the reasons set forth in the Order from which this appeal is…