Drug test, service provider's responsibility, breach of contract, evidence, negligence, wrongful discharge.

Dennis Sarver files suit against his former employer, Waste Management of Virginia, Inc., and the operation contracted to perform drug tests for the company. Waste Management officials terminated Sarver for posting a positive result in a company-required drug test. Sarver insisted he did not abuse drugs and subsequently filed suit against Waste Management and Concorde Inc., a drug testing operation. Sarver claimed Concorde negligently analyzed his test sample and reported an erroneous result to Waste Management. Sarver claimed the incorrect information resulted in his termination. Sarver also claimed Concorde breached its contract with Waste Management.

This is the first judicial review of this case.

Sarver loses. A Virginia Circuit Court dismissed Sarver's complaint. The court ruled Sarver's negligence complaint did not apply to the facts of his case. The court also ruled that Sarver was not a party or intended beneficiary of the contract between Waste Management and Concorde. Therefore, the court ruled, Sarver could not claim a breach of contract.