JACKSON COUNTY, MISSOURI. PLAINTIFF VERDICT
In February 2017, Scott Logan and David Tyrrell defended an occupational medicine client in a trial in Jackson County, Missouri. The Plaintiff, male age 32, went to our client’s facility in August of 2015 for a pre-employment screening consisting of a physical, audiogram and rapid drug screen. One year prior, the Plaintiff had been to another one of our client’s facilities and tested positive for marijuana. Our client’s employee inadvertently sent the one year old drug screen to the prospective employer. Plaintiff was hired and allowed to complete orientation once the correct drug screen had been sent, showing a negative result. Plaintiff claimed that he was terminated the next day due to the inadvertently sent drug screen result from one year prior. Plaintiff’s claims in the case were for lost wages, emotional distress, attorney’s fees and punitive damages under counts of negligence, breach of fiduciary duty and violations of the Missouri Merchandising Practices Act (“MMPA”). The Jury found in our client’s favor on the punitive damage claims, the MMPA count, the breach of fiduciary duty count and only awarded the Plaintiff $15,000 on the negligence claim, which was less than half of his claimed lost wages.