California Supreme Court Watch

Jun 22, 2022
Kuciemba v. Victory Woodworks, S274191.

#22-171 Kuciemba v. Victory Woodworks, S274191. (9th Cir. No. 21-15963; 31 F.4th 1268; Northern District of California; D.C. No. 3:20-cv-09355-MMC.) Request under California Rules of Court, rule 8.548, that this court decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The questions presented are: “1. If an employee contracts COVID-19 at his workplace and brings the virus home to his spouse, does California’s derivative injury doctrine bar the spouse’s claim against the employer? 2. Under California law, does an employer owe a duty to the households of its employees to exercise ordinary care to prevent the spread of COVID-19?”

Request for certification granted: 6/22/2022

See the Order Certifying Questions to the Supreme Court of California.