Calif. employers not liable for COVID spread to family members
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California employers do not have a duty of care under state law to prevent COVID-19’s spread to employees’ household members, the California Supreme Court unanimously ruled Thursday.
While working for Sparks, Nevada-based Victory Woodworks Inc., Robert Kuciemba became infected with COVID and transmitted it to his wife, who was hospitalized for several weeks and at one point was kept alive on a respirator, according to the ruling by the seven-member California Supreme Court in Corby Kuciemba et al. v. Victory Woodworks Inc.
The couple sued Victory for negligence, premises liability and public nuisance. The California high court was eventually asked to rule in the case by the 9th U.S. Circuit Court of Appeals in San Francisco.
In ruling for the employer, the decision said, “The foreseeability factors and the policy factor of moral blame largely tilt in favor of finding a duty of care.”
But, “the significant and unpredictable burden that recognizing a duty of care would impose on California businesses, the court system, and the community at large counsels in favor of an exception to the general rule” of the state civil code.
The ruling said courts in Maryland, Wisconsin and Illinois have issued similar rulings.
Victory Woodworks attorney William A. Bogdan, a partner with Hinshaw & Culbertson LLP in San Francisco, said, “I am pleased, obviously, because this is going to eliminate this claim not only for my client, for all businesses in California.”
The court also ruled that California’s workers comp law does not bar a spouse’s negligence claim against the employer if an employee brings COVID home. However, Mr. Bogdan said the duty of care ruling precluded proceeding with this issue.
A plaintiff attorney did not respond to a request for comment.
