Mike v. Professional Clinical Lab., No. 11-5030 (10th Cir. 2011)
Annotate this CasePlaintiff-Appellant Kelli Mike was an employee of Leisure Village Health Care Center. Leisure Village obtained a urine sample from Plaintiff and submitted it to Defendant-Appellee Professional Clinical Laboratory, Inc. (ProLab) for processing. Plaintiff's test results came back positive for marijuana. Leisure Village reported the results to the Oklahoma Board of Nursing (the Board). The Board placed Plaintiff's nursing license on probation and later revoked it. Plaintiff filed a complaint in federal court alleging that ProLab violated the Oklahoma Standards for Workplace Drug and Alcohol Testing Act (Okla. Stat. Ann. tit. 40 sec. 551-565 (West 2011)), and committed gross negligence during the drug-testing process. The district court granted summary judgment to ProLab after concluding that the civil remedy provision in the Testing Act did not apply to testing facilities and that Plaintiff failed to establish that ProLab committed gross negligence. Upon review of the trial court record, the Tenth Circuit found that a rational jury could conclude that ProLab was aware that Leisure Village previously disregarded the limits of its contract by requesting ProLab to perform an unauthorized employee drug screen, and also was aware that Leisure Village disregarded the collection procedures for forensic drug testing outlined in the Testing Act. The Court found that ProLab was not entitled to judgment as a matter of law on the question of causation because the foreseeability of any intervening causes was a question of fact for a jury to resolve. Because the district court resolved this claim on the causation element, which involved disputed issues of fact, summary judgment was improper. The Court affirmed the district court's judgment in favor of ProLab on the Testing Act claim, but reversed the district court's judgment on the gross negligence claim. The case was remanded for further proceedings.
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