San Francisco, CA A California Appeals Court ruled that a See’s Candies worker can move forward with a labor lawsuit alleging the company’s lax COVID-19 safety protocols caused her husband’s death. The company had argued that it couldn’t be held liable for an injury or illness that a non-employee suffered outside their workplace.
According to the lawsuit filed by factory worker Matilda Ek, she contracted COVID-19 at work because of See’s Candies failure to implement adequate safety measures. Ek worked on the packing line without safe distancing to other employees and without other proper safety measures when the COVID-19 outbreak began. Between March 1 and March 19, 2020, some workers on the line “were coughing, sneezing and showing other signs of COVID-19 infections”. After becoming infected, Ek stayed home from work, and as a result, her daughter and her 72-year-old husband also caught the virus. Her husband died one month later.
Matilda Ek and her daughters first sued See’s Candies in January 2021. See's had sought a demurrer in the suit and argued that the Worker's Compensation Act (WCA ) is the only remedy available to Ek for her husband's death under the derivative injury doctrine, which applies to injuries to third parties, according to Law360. One year after Arturo Ek's death, Superior Court Judge Daniel M. Crowley...
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