A federal judge has dismissed a case filed by the wife of a millwork employee who claimed she contracted COVID-19 as a result of her husband’s workplace.
Judge Maxine M. Chesney of the U.S. District Court for the Northern District of California on May 10 dismissed the lawsuit without further leave to amend for three reasons, including, “To the extent plaintiffs’ claims are based on allegations that Corby Kuciemba contracted COVID-19 ‘indirectly through fomites such as [Robert Kuciemba’s] clothing’ (see FAC ¶ 22), such claims are subject to dismissal for failure to plead a plausible claim.”
The lawsuit serves as another example of liability battles businesses are facing because of novel situations arising out of the pandemic, Kyla Christoffersen Powell, president and CEO of the Civil Justice Association of California (CJAC), told the Northern California Record by email.
“The judge’s dismissal of this case shows there’s hope for businesses that courts will issue reasonable decisions, but even dismissed cases can be costly for small businesses,” Powell said.
“They must expend time and resources retaining a lawyer to respond to the lawsuit and convince the court to dismiss it. These are burdens that businesses trying to recover and reopen cannot afford right now.”
A hearing on AB 247, to provide liability relief to small businesses amid the pandemic, was postponed.
“This is why CJAC co-sponsored AB 247, which would have protected safety-compliant small businesses and nonprofits from meritless COVID-19 exposure lawsuits,” Powell said. “The bill would have brought some needed certainty to struggling organizations, but unfortunately, the Assembly Judiciary Committee refused to give the bill a hearing.”
Similar measures – to protect all compliant businesses and nonprofits, and to protect higher education institutions – also are sitting in committee.
“If the Legislature and Governor want to maximize economic recovery efforts, they need to step up and respond to businesses’ liability concerns,” Powell said.