Mission Petroleum Carriers, Inc. v. Solomon

106 S.W.3d 705 (2003)

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Mission Petroleum Carriers, Inc. v. Solomon

Texas Supreme Court
106 S.W.3d 705 (2003)

Facts

Roy Solomon (plaintiff) was employed at will by Mission Petroleum Carriers, Inc. (Mission) (defendant) as a truck driver. Pursuant to Department of Transportation (DOT) regulations, Mission required its truck drivers to undergo random drug testing. Mission used its own employees to collect urine samples and sent them to an outside laboratory for testing. On April 3, 1997, Solomon was selected for a random drug test, which revealed the presence of tetrahydrocannabinol (THC) metabolite. Solomon signed the chain-of-custody form and never complained about any problems with the specimen collection to the medical review officer. Solomon denied ever using marijuana and requested a retest. Solomon underwent a second drug test (using a reserved portion of the same sample), the sample came back positive for THC metabolite, and Mission terminated Solomon’s employment. Solomon applied for new truck-driving jobs at two different companies but was not selected due to the previous positive drug test. Solomon sued Mission for negligence based on the collection of his urine sample. Solomon testified that he never used marijuana and there was evidence that Mission violated certain DOT collection regulations. The jury found in favor of Solomon, and the court of appeals affirmed. Mission appealed.

Rule of Law

Issue

Holding and Reasoning (Jefferson, J.)

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