2023CA1307
La. Ct. App.Jul 24, 2024Background
- Brady Bass, an employee of Coastal Corrosion Control, Inc., underwent employment-related drug testing (urine and hair) in 2017, with a hair test returning positive for marijuana.
- Bass alleged the hair sample was mishandled and led to a false positive, which impacted his employability in the petrochemical industry.
- He sued DISA Global Solutions, Inc.—the third-party administrator for his employer’s drug testing program—as well as the clinic that collected the sample and the lab that performed the testing.
- Bass alleged negligence and defamation (due to the reporting of the positive result to national databases), seeking damages for lost employment, wages, and emotional distress.
- DISA, as the administrator, did not collect or test samples, but maintained test records and status in its database and conveyed those results to the employer.
- The trial court granted summary judgment in favor of DISA, dismissing all of Bass’s claims against it; Bass appealed.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Whether DISA owed a duty to accurately collect/test/report | DISA owed him a duty for proper program admin | DISA only administered the program, not tests | No duty |
| Whether DISA could be liable for the actions of labs/clinic | DISA’s admin role created responsibility | No special relationship/control over labs/clinic | Not liable |
| Defamation by reporting Bass as a drug user/inactive | DISA falsely and publicly labeled him | Reported truthful, lab-confirmed results | No defamation |
| Sufficiency of evidence of negligence or defamation | Factual issues precluded summary judgment | No evidence of duty/falsity as to DISA | No genuine issues |
Key Cases Cited
- Bass v. DISA Global Solutions, Inc., 318 So.3d 909 (La. App. 1 Cir. 2020) (affirming dismissal of claims against testing lab for lack of evidence or duty)
- Bass v. DISA Global Solutions, Inc., 305 So.3d 903 (La. App. 1 Cir. 2020) (reversal and remand for factual issues in collection procedures)
- Brannan v. Wyeth Laboratories, Inc., 526 So.2d 1101 (La. 1988) (truth is a defense to defamation)
- Elliott v. Laboratory Specialists, Inc., 588 So.2d 175 (La. App. 5 Cir. 1991) (testing labs owe a duty to perform scientific analysis reasonably)