Texas Panel Considers Duty Of Drug Test Co. To Patients

Law360 (September 30, 2020, 9:09 PM EDT) -- Two drug test companies told a Texas appellate panel Wednesday they only have a duty of care to employers who request tests and can't be held liable to a Houston welder who claims mishandling of his test samples caused a false positive drug test result that led to his firing. 

During Zoom oral arguments, attorneys representing Houston Area Safety Council Inc. and Psychemedics Inc. told a three-justice First Court of Appeals panel in Houston that welder Guillermo Mendez's suit was properly tossed. They say a lower court correctly held under Texas precedent that the companies owed him no duty of care to...

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