Corby Kuciemba v. Victory Woodworks, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CORBY KUCIEMBA; ROBERT No. 21-15963

KUCIEMBA,

Plaintiffs-Appellants, D.C. No. 3:20-cv-09355-MMC v.

ORDER CERTIFYING

VICTORY WOODWORKS, QUESTIONS TO THE

INC., a Nevada Corporation, SUPREME COURT OF Defendant-Appellee. CALIFORNIA

Filed April 21, 2022

Before: J. Clifford Wallace, Sidney R. Thomas, and M. Margaret McKeown, Circuit Judges.

Order SUMMARY *

California Law

The panel certified to the Supreme Court of California the following questions:

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 employee owe a duty to the households of its employees to exercise ordinary care to prevent the spread of COVID-19?

* This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

KUCIEMBA V. VICTORY WOODWORKS

ORDER

We certify the questions set forth in Part II of this order…