United States v. Contract Management, Inc.

The United States appeals the district court’s grant of summary judgment in favor of Contract Management, Inc. (CMI). The United States seeks indemnification for a settlement it paid a CMI employee who was injured while working for CMI pursuant to its contract with the government. We affirm the district court’s decision.

FACTS AND PROCEDURAL HISTORY

The facts are not in dispute. CMI contracted with the United States to provide janitorial and maintenance services at the Puget Sound Naval Shipyard in Bremerton, Washington. While in the course of her employment, one of CMI’s employees was injured when she fell over a roll of chain link fencing which Naval Public Works employees had left lying on the ground near the bottom of the steps of a building which she had been cleaning. She sued the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 2671-2680 (1982), and the government settled the ease for $160,000.

The United States brought this action against CMI, seeking indemnification for the settlement. The government conceded that CMI was not negligent and bears no responsibility for the fencing or the inadequate lighting which led to the employee’s injuries. The…