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Promisco v. Dart

981 N.E.2d 1005 (2012)

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Promisco v. Dart

Illinois Appellate Court

981 N.E.2d 1005 (2012)

Facts

Kenneth Promisco (plaintiff) was a deputy sheriff in Cook County (county) (defendant). Promisco submitted a urine sample for drug testing. The county sent the sample to Pharmatech, Inc., a drug-testing laboratory. Pharmatech sent back a printout indicating that Promisco’s sample tested positive for marijuana. Subsequently, an administrative hearing was held before the Sheriff’s Merit Board (board) to determine whether Promisco violated the county’s drug policy. Kenneth Kodama, Pharmatech’s laboratory manager, testified at the hearing as an expert witness. Based on the printout, Kodama expressed the opinion that Promisco’s sample contained marijuana residue. But Kodama did not demonstrate that the printout contained information reasonably relied upon by experts in the drug-testing field. The board admitted Kodama’s opinion. Later, the board decided that Promisco violated the county’s drug policy. Promisco filed a petition for review with the trial court. The trial court set aside the board’s decision. The county appealed.

Rule of Law

Issue

Holding and Reasoning (Hoffman, J.)

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