The U.S. Court of Appeals, Ninth Circuit, has certified two questions to the California Supreme Court about the liability of employers when an employee contracts COVID-19 at work and brings the virus home to a spouse.
Robert Kuciemba began working for Victory Woodworks in 2020, after San Francisco issued a health order allowing certain essential industries to reopen in the wake of the COVID-19 pandemic.
Robert and his wife, Corby, allege that they strictly complied with the various orders related to COVID-19, followed all recommended safety procedures and minimized their exposure to other people.
The only person in their household to have frequent contact with others was Robert, through his work at Victory.
According to the Kuciembas, Victory knowingly transferred workers from an infected construction site to Robert’s job site without following the safety procedures required by the city’s health order. Robert was forced to work in close contact with these employees, they claimed, and contracted COVID-19, which he brought home.
Corby, who is over 65 years old and at high risk for the virus, tested positive on July 16, 2020, and developed severe respiratory symptoms. She was hospitalized for more than a month and kept alive on a respirator.
The Kuciembas filed suit alleging that Victory caused Corby’s injuries by violating the health order. Victory moved to dismiss, arguing that California’s derivative injury doctrine barred the suit. The district court granted the motion...
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