Judge dismisses COVID-19 lawsuit from contractor ’ s wife
By Kim Slowey
Dive BRIEF :
■ A federal judge in California has dismissed the claims of a construction worker ’ s wife who said she contracted COVID-19 after her husband was exposed to the novel coronavirus at work .
■ Corby Kuciemba filed a lawsuit against her husband ’ s employer , Victory Woodworks , alleging that Victory knew that another employee had tested positive for COVID-19 but instead of requiring him or her to quarantine , assigned the employee to work with her husband on a San Francisco jobsite . Kuciemba sought damages in excess of $ 75,000 for medical expenses for at least one hospital stay , lost wages , lost earning capacity , pain and suffering , loss of enjoyment of life and emotional distress .
■ U . S . District Judge Maxine Chesney denied Kuciemba ’ s claims , ruling that the allegation that she contracted COVID-19 through direct contact with her husband was barred by California workers ’ compensation law ; the claim that she was exposed “ indirectly through fomites such as [ her husband ’ s ] clothing ” was not plausible ; and that Victory ’ s “ duty to provide a safe workplace to its employees does not extend to nonemployees who , like Corby Kuciemba , contract a viral infection away from those premises .”
22 DITCHMEN • MAY 2021