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TERRY v. UNITED PARCEL SERVICE, INC.

No. 1 CA-CV 21-0114.

508 P.3d 1137 (2022)

James TERRY, Plaintiff/Appellant, v. UNITED PARCEL SERVICE, INC., Defendant/Appellee.

Court of Appeals of Arizona, Division 1.

FILED March 31, 2022.

Attorney(s) appearing for the Case

Fredenberg Beams, Phoenix, By Daniel E. Fredenberg , Co-Counsel for Plaintiff/Appellant.

Kelly & Lyons, PLLC, Scottsdale, By Jason M. Kelly , Richard Lyons , Co-Counsel for Plaintiff/Appellant.

Quarles & Brady LLP, Phoenix, By Eric B. Johnson , Counsel for Defendant/Appellee.

Presiding Judge Samuel A. Thumma delivered the opinion of the Court, in which Chief Judge Kent E. Cattani and Judge Maurice Portley joined.

OPINION

¶1 In April 2017, plaintiff James Terry acted strangely at a sales meeting, prompting his co-workers to file fitness-for-duty reports expressing concerns. Terry's employer, defendant United Parcel Services, Inc. (UPS), asked him to drug test. Terry did so and he tested positive for a marijuana metabolite and...

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