Kuciemba v Victory Woodworks
Last Activity: 11/16/2022
Following a dismissal of the Complaint by the Federal District Court, plaintiffs have appealed to the Ninth Circuit in a case involving a claim for personal injury against an employer by an employee's spouse, who allegedly contracted COVID-19 from her employee-husband who in turn alleges that he was infected at work. The Ninth Circuit held Oral Argument on March 10, 2022. As of 4/21/22, however, the federal court ordered the case out of submission and certified two COVID-specific questions to the California Supreme Court regarding (1) whether the derivative injury rule applies to bar the claim, and (2) whether an employer owes a duty of ordinary care to the employee's household members. On 6/22/22, the California Supreme Court granted the Ninth Circuit's request to answer these questions of state law. CWCI participated as joint amicus with the US Chamber of Commerce in a brief filed 10/12/22. [S274191]