The court's holding and decision will be displayed here.

This section contains the nature of the case and procedural background.

On May 6, 2020, Robert Kuciemba began working for Victory Woodworks, Inc. (D) at a construction site in San Francisco. Without taking the precautions required by the county's health order, D transferred a group of workers to the San Francisco site from another location where they may have been exposed to the virus. After being required to work in close contact with these new workers, Robert became infected. He carried the virus home and transmitted it to his wife, Corby, either directly or through her contact with his clothing and personal effects. Corby was hospitalized for several weeks and, at one point, was kept alive on a respirator. On October 23, 2020, the Kuciembas (Ps) sued D asserting claims for negligence, negligence per se, premises liability, and public nuisance. Robert asserted a claim for loss of consortium. D removed the case to federal court and moved to dismiss. The district court granted the motion with leave to amend. Ps filed an amended complaint reasserting the same causes of action except the public nuisance claim. The district court granted a renewed motion to dismiss, this time without leave to amend, concluding: (1) claims that Corby contracted the WuHan Flu through direct contact with Robert were barred by the WCA's exclusive remedy provisions; (2) claims that Corby contracted WuHan Flu through indirect contact with infected surfaces were subject to dismissal for failure to plead a plausible claim; and (3) to the extent the claims were not barred by statute or insufficiently pleaded, they failed because D's duty to provide a safe workplace did not extend to nonemployees, like Corby, who contracted a virus away from the jobsite. Ps appealed and the Appeals Court submitted certified questions to the California Supreme Court.

The legal issues presented in this case will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.