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United States Court of Appeals for the Ninth Circuit
April 21, 2022, Filed
Case No. 21-15963
[*1270] ORDER CERTIFYING QUESTIONS TO THE SUPREME COURT OF CALIFORNIA
We certify the questions set forth in Part II of this order to the California Supreme Court. All further proceedings in this case are stayed pending final action by the California Supreme Court, and this case is withdrawn from submission until further order of this court.
I. Administrative Information
We provide the following information in accordance with Rule 8.548(b)(1) of the California Rules of Court.
The caption of this case is:
Corby Kuciemba and Robert Kuciemba,
Plaintiffs and Appellants,
Victory Woodworks, Inc.,
Defendant and Appellee.
The names and addresses of counsel are:
For Plaintiffs-Appellants Corby Kuciemba and [**2] Robert Kuciemba: Mark T. Freeman, Mark L. Venardi, Martin Zurada, Venardi Zurada, LLP, 101 Ygnacio Valley Road, Suite 100, Walnut Creek, CA 94596.
For Defendant-Appellee Victory Woodworks, Inc.: William A. Bogdan, Hinshaw & Culbertson, LLP, 18th floor, One California Street, San Francisco, CA 94111.
Plaintiffs-Appellants Corby Kuciemba and Robert Kuciemba should be deemed the petitioners, if the California Supreme Court agrees to consider these questions. See Cal. R. Ct. 8.548(b)(1).
II. Certified Questions
Pursuant to Rule 8.548(b)(2) of the California Rules of Court, we respectfully request that the Supreme Court of California decide the certified questions presented below.
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 employer owe a duty to the households of its employees to exercise ordinary care to prevent the spread of COVID-19?
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
31 F.4th 1268 *; 2022 U.S. App. LEXIS 10786 **; 87 Cal. Comp. Cases 408 ***
CORBY KUCIEMBA; ROBERT KUCIEMBA, Plaintiffs-Appellants, v. VICTORY WOODWORKS, INC., a Nevada Corporation, Defendant-Appellee.
Prior History: [**1] United States District Court for the Northern District of California. D.C. No. 3:20-cv-09355-MMC, Maxine M. Chesney, United State District Judge
Kuciemba v. Victory Woodworks, Inc., 2021 U.S. Dist. LEXIS 88997 (N.D. Cal., May 10, 2021)
Disposition: The United States Court of Appeals for the Ninth Circuit certifies the questions set forth in Part II of this order to the California Supreme Court. All further proceedings in this case are stayed pending final action by the California Supreme Court, and this case is withdrawn from submission until further order of this court.
derivative, questions, certification, workplace, employees