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CNA v. U.S.

No. 06-5104.

535 F.3d 132 (2008)

CNA; Continental Casualty Company, the Workers' Compensation Carrier for RTR Business Products, as Subrogee of Michael Lahoff; Michael Lahoff, (brought in his name and on his behalf by CNA and Continental Casualty Company as subrogee) v. UNITED STATES of America; Korey Lewis CNA; Continental Casualty Company; Michael Lahoff, Appellants.

United States Court of Appeals, Third Circuit.

Filed: July 22, 2008.

Attorney(s) appearing for the Case

Daniel L. Hessel, Esquire, Golkow Hessel, Philadelphia, PA, for Appellants.

Mary Beth Buchanan, United States Attorney, Robert Greenspan, Esquire, Edward Himmelfarb, Esquire, United States Department of Justice, Civil Division, Washington, DC, Laura S. Irwin, Esquire, Office of the United States Attorney, Pittsburgh, PA, for Appellee.

Before: McKEE and AMBRO, Circuit Judges, and IRENAS, District Judge.

OPINION OF THE COURT

AMBRO, Circuit Judge.

CNA and Continental Casualty Company,1 stepping into the place of Michael Lahoff as his subrogees, sued the Government under the Federal Tort Claims Act ("FTCA"), 28 U.S.C. §§ 1346(b), 2671-80. They base their claims on negligence that they allege led to Lahoff being severely injured. CNA and Continental (hereinafter "Subrogees") appeal the District Court's order granting the...

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