Service provider's liability, marijuana, evidence, chain of custody, policy and procedure.

John Powell appeals a lower court's ruling concerning his suit against a third party administrator. Powell, a Kentucky resident, worked as truck driver for a North Carolina company that operated a terminal in Ohio. Drivers at the Ohio terminal reported to a local hospital to deliver urine samples for the company's drug testing program. Hospital personnel shipped the collected samples to a Pennsylvania laboratory for analysis. Powell submitted a sample at the Ohio hospital and was later informed that he had tested positive for marijuana. The company subsequently dismissed Powell for violating its drug program. Powell filed suit in Ohio against the laboratory, arguing that laboratory personnel mishandled his sample. The laboratory filed a motion to dismiss, citing a lack of jurisdiction by the Ohio court.

A Hamilton County Court granted the laboratory's motion to dismiss. The court ruled that it lacked jurisdiction over the Pennsylvania-based laboratory. Powell now appeals.

Powell loses. The Ohio Court of Appeals affirmed the ruling of the lower jurisdiction. The appeals court ruled that it found no reversible error in the actions of the lower jurisdiction.