Tricoski v. Laboratory Corp. of America

MEMORANDUM ORDER

WALDMAN, District Judge.

This diversity action arises from plaintiffs termination by his employer based on the positive result of a random drug test administered by defendant. Plaintiff alleges that defendant performed the test negligently and that the result was incorrect. Presently before the court is defen dant’s Motion for Summary Judgment. The parties agree that the resolution of the motion turns on the prediction of this court as to whether the Pennsylvania Supreme Court would recognize a duty of care owed by a drug testing facility to a customer’s employee who is tested.

F…