Kuciemba v. Victory Woodworks, Inc.
California Supreme Court
531 P.3d 924 (2023)
- Written by Sean Carroll, JD
Facts
In April 2020, San Francisco established requirements for construction sites to prevent the spread of COVID-19. Robert Kuciemba worked for Victory Woodworks, Inc. (Victory) (defendant), a construction company operating in San Francisco. In May 2020, Victory transferred workers to Robert’s site. Victory did not take the required precautions. Robert contracted COVID-19 and transmitted it to his wife, Corby Kuciemba (plaintiff). Corby became very sick and ultimately sued Victory for negligence in failing to take the required precautions. Victory argued that it did not have a duty of care with respect to members of its employees’ households. The United States Court of Appeals for the Ninth Circuit certified the following question to the California Supreme Court: under California law, does an employer owe a general duty of care to help prevent the spread of COVID-19 to members of the households of employees, or does an exception to the state’s general duty of care apply?
Rule of Law
Issue
Holding and Reasoning (Corrigan, J.)
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