The Supreme Court of California, in the case of Kuciemba, et al. v. Victory Woodworks, Inc., is considering whether employers have an enforceable legal duty to non-employees for non-employees’ injury resulting from COVID-19 “take-home” exposure.

In a legal alert last summer, attorneys Abbie Eliasberg Fuchs, Daniel Strecker and Alex Anolik of our Mass Torts and Industry-wide Litigation team anticipated that the case could set an important precedent for COVID-19 liability cases.

On the eve of the arguments, McKnight’s Long-Term Care News referenced their analysis in a news article in advance of the arguments. Reporter Kimberly Marselas quoted from a section of our alert exploring potential employer defenses to the claims. “Even if allowed to proceed,” Abbie, Dan and Alex wrote, “limitations on the scope of defendant’s duty of care, notice, and speculative causation may be effective defense arguments.”