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O'CONNOR v. SMITHKLINE BIO-SCIENCE LAB.

No. 93-P-707.

36 Mass. App. Ct. 360 (1994)

631 N.E.2d 1018

JOHN T. O'CONNOR, JR. vs. SMITHKLINE BIO-SCIENCE LABORATORIES, INC.

Appeals Court of Massachusetts, Suffolk.

April 21, 1994.

Attorney(s) appearing for the Case

James F. Lamond for the plaintiff.

Andrew E. Shipley for the defendant.

Present: PERRETTA, FINE, & GILLERMAN, JJ.

FINE, J.

While the plaintiff was a cadet in training at the Boston Police Academy, he was required to submit a urine sample for drug testing. The test, performed by the defendant, SmithKline Bio-Science Laboratories, Inc. (SmithKline), revealed traces of cocaine in his urine, and, as a result, he was discharged. The plaintiff brought this action, claiming that SmithKline was negligent in handling his urine sample...

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