Candy company faces 'wrongful death lawsuit' after worker's spouse dies from COVID-19

A California court ruling has created cause for concern for businesses across the state, increasing the likelihood of lawsuits being brought against companies by people who were infected with COVID-19 in the workplace, including those that are not employees or customers.

A December 21 ruling allowed a wrongful death lawsuit to proceed against See's Candies by the family of a man who died after he reportedly contracted the virus from his wife, who worked at the candy store, according to Reuters.

Matilde Ek, who worked for See's Candies, said she was infected with the virus after working in close quarters with sick coworkers. Ek said her husband, Artuno Ek, caught the virus from her at home, and eventually passed away in April of 2020 from COVID-19 at the age of 72.

The court decision to allow the lawsuit to proceed is reportedly the first by an appeals court to allow a "take-home" COVID-19 lawsuit. The lawsuits of this nature "seek damages from a business over allegations of violating safety protocols and setting off a chain of infections beyond the company's premises," according to Reuters.

See's could potentially appeal to California's supreme court over the decision.

Legal experts told Reuters that while the See's ruling is only binding in California, it may offer guidance to judges in other states across the country.

"Business groups warned in court papers filed before the See's decision that such a ruling could prompt lawsuits by an infected employee's family and friends, and anyone infected by that circle of people," Reuters reported.

These groups called it a "never-ending chain" of liability.

The ruling also brought answers to whether take-home COVID-19 cases would be covered by workers' compensation, which "provides quick payments without the need to prove fault for workplace injuries and in return it blocks lawsuits," according to Reuters.

"The California Court of Appeal, Second Appellate District, ruled that Artuno Ek's death was dependent on his wife as a conduit for the virus. His death was not, as See's had argued, dependent on her disease," the outlet continued.

The Ek family must prove to a judge that See's Candies owed a duty to family and acquaintances of employees to prevent the possibility of their contracting the virus while at work. Plaintiffs in other cases have failed to prove this, resulting in cases against Southwest Airlines, an Illinois meat processing company, and a Maryland hospital being dismissed.

Plaintiffs must also be able to prove that there is a definite link between the workplace and cases of take-home COVID-19, rather than catching it elsewhere.

"You would have to have a situation where an employee came to and from work and neither the employee nor anyone else in the family/household went anywhere else," said Amberly Morgan, an attorney with Fisher Phillips, told Reuters.

There have been at least 23 take-home COVID-19 lawsuits across the United States, all of which are reportedly in early stages at the moment. Cases were brought against companies such as Amazon, Walmart, Royal Carribbean Cruises, Pilgrim's Pride, and Conagra Brands.

"The lawsuits generally allege negligence toward COVID-19 protocols: employees were packed into work vans, symptomatic workers were kept in company dorms or infected people weren't screened before entering a worksite. They seek damages on behalf of employees' children and spouses who wound up on ventilators or even died of the disease," Reuters reported.

At least six of the lawsuits have been dismissed, including the one against Southwest Airlines. An additional six cases, including two against McDonalds, appear to have resulted in outside settlement, Stephen Jones, general counsel of Praedicat Inc, told Reuters.

Royal Caribbean's Celebrity Cruise line also faces a lawsuit in Miami federal court for a COVID-19 outbreak on the ship which infected two passengers, who then brought the virus back to their children at home.

To counter such lawsuits, business interests have persuaded at least 30 states to adopt laws making it difficult to bring cases of take-home COVID-19 against them, often requiring plaintiffs to show gross negligence in these cases, though California, where See's Candies' lawsuit is taking place, was not one of them.

"The appellate court's ruling could open up California employers to frivolous COVID-related lawsuits that will further dampen the ability of small businesses in particular to recover," said Kyla Christoffersen Powell, the president of Civil Justice Association of California, a business group.

Following the court's ruling to proceed with the case against See's Candies, a California construction worker and his wife cited the ruling to a US appeals court in San Francisco in a case against Victory Woodworks.