Authored by: Ollie Lammers
According to Lexblog.com, a judge in California dismissed a lawsuit filed by the wife of a construction worker against her husband's employer. The plaintiff alleged her husband's employer had a duty to keep her, a nonemployee, safe from covid-19.
The court filings state that the husband began working for his employer, a construction company, in May 2020. The wife claimed that the company moved employees from one job site to another after being in contact with an associate who tested positive for covid. Her husband came in contact with the other associates who worked with the covid positive employee. The plaintiff said the workers did not quarantine but worked alongside her husband, who then contracted covid. Her husband then gave her covid after working with employees who worked with a covid positive person.
The judge dismissed the case after a hearing in February 2021, finding that the plaintiff's claims stemmed from her husband's work-related injury and are barred under California's worker's compensation law. The judge allowed her to amend her allegations granting her to file an amended complaint.
The judge dismissed the amended complaint in May 2021 without leave to amend.
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