Answering certified questions from the Ninth U.S. Circuit Court of Appeals, the California Supreme Court found that public policy precluded holding an employer liable where an employee’s spouse suffered from COVID-19 contracted from her husband via his job.
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, claimed 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 those employees, they alleged, and contracted COVID-19, which he brought home.
Corby, who is over 65 years old and at high risk for the virus, tested positive 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...
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