Professional Negligence Law Reporter

Landon v. Kroll Lab. Specialists, Inc., 2019 WL 1646382 (N.Y. App. Div. Apr. 17, 2019).

A New York appellate court held that a drug testing laboratory may be legally liable in negligence to the subject of a false positive drug test.

While serving probation for a forgery conviction, Eric Landon underwent a random drug test. He submitted an oral specimen, which was sent to Kroll Laboratory Specialists. The lab determined that Landon’s sample contained cannabinoids, which led to the extension of his probation. Landon sued the lab, alleging it failed to conduct the drug test using industry-wide standards, which resulted in a false positive drug test. The defense moved unsuccessfully for summary judgment.

Affirming, the appellate court held that the defendant failed to establish its prima facie entitlement to judgment as a matter of law. Citing case law, the court found that the defendant’s submissions to the court did not establish that it performed Landon’s drug test within the relevant professional standards or that its conduct was not a substantial cause of the plaintiff’s injuries. Thus, the court concluded, the defendant failed to meet its initial burden and is not entitled to judgment as a matter of law.

Plaintiff counsel: Eric Landon, pro se.