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DUNCAN v. AFTON, INC.

No. 99-24.

991 P.2d 739 (1999)

Harvey J. DUNCAN, a/k/a Jim Duncan, Appellant (Plaintiff), v. AFTON, INC., a Tennessee corporation, d/b/a Healthcomp Evaluation Services Corporation, d/b/a National Ameritest, a/k/a Ameritest; and Leigh Ann Shears, an individual, Appellees (Defendants).

Supreme Court of Wyoming.

November 30, 1999.

Attorney(s) appearing for the Case

Representing Appellant: Sharon M. Rose of Vehar, Beppler, Lavery & Rose, P.C., Evanston, Wyoming.

Representing Appellees: John P. LaBuda and Stephen K. Palmer of Palmer & LaBuda, P.C., Rock Springs, Wyoming. Argument by Mr. LaBuda.

Representing Wyoming Trial Lawyers Association as Amicus Curie: Thomas J. Klepperich of Lonabaugh and Riggs, Sheridan, Wyoming.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN and HILL, JJ.

GOLDEN, Justice.

A company and its employee were hired to collect a urine specimen in the first phase of a substance abuse testing program implemented by Solvay Minerals (Solvay) for its employees. In this case of first impression for Wyoming, we must decide whether the collecting company and its employee owe a duty of reasonable care to Solvay's employee who is required to submit a urine specimen. The district court ruled that, until it had direction from this Court...

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