Negligence, service provider liability, morphine.

Robert Caputo brings suit against the laboratory that reported indications of drug use in a pre-employment drug test. Caputo was hired by Air Products and Chemicals, Inc., and complied with the company's mandatory pre-employment drug screen. Compuchem Laboratories, Inc. was retained by the company to analyze test samples. The laboratory reported an "indication" of morphine use in Caputo's sample. Upon receiving the laboratory's report, Air Products and Chemicals terminated Caputo's employment. Caputo filed suit, claiming negligence on the part of the laboratory. The laboratory responded with a motion for summary judgment.

This is the first judicial review of this case.

Caputo loses. The United States District Court for the Eastern District of Pennsylvania granted the laboratory's motion for summary judgment. Although Caputo submitted evidence that indicated he posted a negative result in a drug test he sponsored, the court noted that a second test on his original sample confirmed an indication of morphine use. The court ruled there was no existing basis in the law that would permit it to hold the laboratory liable in this case.