California Federal Court: Wife Cannot Hold Husband’s Employer Responsible for Her COVID-19 Infection
A judge in the Northern District of California dismissed a lawsuitFN1 brought by a wife against her husband’s employer after she alleged her husband transmitted COVID-19 to her. The wife, who had never visited the job site, alleged that her husband’s body, clothing, and/or personal belongings served as a vehicle for the virus, ultimately infecting her with the virus.
The judge found that a claim of contracting COVID-19 through direct contact with her husband must fail because the claim is barred by the exclusive remedy provisions of California’s workers’ compensation statutes, and allegations of transmission through clothing and/or personal belongings failed to state a plausible claim. Additionally, the court held that the wife’s claims failed because "[the employer’s] duty to provide a safe workplace to its employees does not extend to nonemployees who . . . contract a viral infection away from those premises."
Takeaway
Legal claims relating to COVID-19’s effect on the workplace – and beyond – are continually evolving. Campbell Litigation, P.C. will continue to monitor developments relating to the COVID-19 pandemic.
FN1 - Corby Kuciemba et al. v. Victory Woodworks Inc., Case No. 3:20-cv-093551 (N.D. Cal.)