Kuciemba v Victory Woodworks
Last Activity: 7/25/2023
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. On 4/21/22, 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. Oral argument was completed 5/9/23. On 7/6/23, the Supreme Court answered both questions no, finding that exclusivity and the derivative injury rule did not bar Ms. Kuciemba's tort claim, and that the employer did not owe a duty to nonemployees to prevent the spread of COVID-19. As Victory owed no duty of care to Ms. Kuciemba, the 9th Circuit affirmed the district court's order dismissing the complaint on 7/25/23. CWCI participated as joint amicus with the US and California Chambers of Commerce. [S274191]