Herman

MEMORANDUM **

Delores and Dale Herman appeal the district court’s grant of summary judgment in favor of the United States in their Federal Tort Claim Act (“FTCA”) lawsuit arising from an injury that Delores suffered when she fell while working at the Malmstrom Air Force Base (“Malmstrom”) fitness center. At the time, she was employed by Environmental Management, Inc. (“EMI”), a janitorial company that provides services at Malmstrom. We have jurisdiction to hear the Hermans’ appeal under 28 U.S.C. § 1291 . Our review is de novo. Blankenhorn v. City of Orange, 485 F.3d 463, 470 (9th Cir.2007). Viewing the evidence in the light most favorable to the Hermans, we conclude that there are no genuine issues of material fact and that the district court properly applied the substantive law. See Olsen v. Idaho State Bd. of Med., 363 F.3d 916 , 922 (9th Cir.2004). We therefore affirm.

The district court correctly found that there was insufficient evidence to hold the United States liable for Delores’s injury under the theory of respondeat superi- or. 1 The only Air Force employee alleged to have acted negligently is an unidentified female airman who worked at the Malm-strom fitness center.…