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NY court allows negligence claim on drug tester

Thursday, October 10, 2013
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ALBANY — 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.

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