Pre-employment testing, false positive, chain of custody, service providers' liability.

Thomas Devine appeals a lower court's ruling involving his employer and various companies providing services to the employer. Devine posted a positive result for opiates in a pre-employment drug test. Devine contended the result was caused by the seeds in the poppy seed muffins he consumed every morning. The lab acknowledged the possibility and Devine filed suit against several parties. In this case, Devine has filed suit against the laboratory retained

The Superior Court of Cumberland County granted defendant's motion for summary judgment and ruled against Devine. He now appeals.

Devine loses. The Supreme Judicial Court of Maine affirmed the ruling of the lower jurisdiction. The court reviewed the contract between Devine's employer and the laboratory it retained. The court found nothing to indicate the laboratory had any duty to Devine.