|
|
Article: Court faults submission Of failed drug test result. (In the Courts).
- Article from:
- Drug Detection Report
- Article date:
- April 4, 2002
- Author:
CopyrightCOPYRIGHT 2002 Eli Research, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
Drug test results were improperly admitted into court because there was no evidence that the failed drug test finding was reliable, a Texas appellate court held.
The case involved Billy Garcia's lawsuit against Dutcher-Phipps Crane and Rigging Co. for negligence as a result of an accident he was involved in on the job. The trial jury found that neither Garcia nor the company proximately caused the accident and entered a judgment for Hooper Trucking.
Garcia claimed the trial court erred in admitting Texas Employment Commission records of a "failed drug test." lie said the admission of this information was based on unfounded hearsay, was prejudicial and ...