New York Court Allows Negligence Claim on Drug Tester
New York’s highest court has agreed to let a man sue a drug testing company for what he claims was a false positive test for marijuana that cost him a promised job, prospective marriage and months of anguish when he was threatened with prison.
The Court of Appeals in a 4-3 decision Thursday says Eric Landon can pursue his negligence claim against Kroll Laboratory Specialists over the 2007 saliva analysis done under contract with Orange County.
The majority says the lab has “a duty of care” toward its testing subject.
Landon obtained a blood test from a private lab the same day and later submitted to a county urine test that were both negative.
An attorney for Louisiana-based Kroll argued the result wasn’t wrong, but was based on a low testing threshold.
- Work Safety Group Releases List of ‘Dirty Dozen’ Employers
- EVs Head for Junkyard as Mechanic Shortage Inflates Repair Costs
- Jury Awards $80M to 3 Former Zurich NA Employees for Wrongful Termination
- 4,800 Claims Handled by Unlicensed Adjusters in Florida After Irma, Lawsuit Says