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PITTSBURGH – A drug-testing service company has denied that it was negligent when it allegedly failed to provide a man’s employer with his Medical Marijuana Card (MMC), in advance of him not being reinstated to his job for a positive test result.
On Jan. 28, plaintiff Dylan Johnson initially filed a complaint against Universal Stainless & Alloy Inc. for allegedly not following policy after it fired him for a positive drug test, despite his possession of a medical marijuana card – and against drug-testing service St. Clair Medical Services Inc. for negligence, claiming two of its employees played a role in the incident.
Johnson began working as a carbon sulphur analyst for Universal in April 2019. Just weeks later, he obtained an MMC under the Medical Marijuana Act.
Johnson used the card to receive marijuana legally to treat his chronic lower back issues. While the card wasn’t due to expire until May 23, 2020, he was fired on Oct. 21, 2019, for being missing in action from his professional duties.
Universal stated it would give him his job back if he underwent a physical and drug test on Dec. 16, 2019, to which Johnson obliged and told a St. Clair Medical Services worker that he had an MMC.
The worker allegedly told him it would be fine and took a snapshot of his card. Three days later, Johnson was informed he tested positive for marijuana.
However, Johnson claimed St. Clair workers never sent Universal his MMC to inform the company that he used marijuana legally. Later that day, Universal told Johnson he wouldn’t be reinstated because of the positive test.
Johnson sued Universal for violation of a clear mandate of public policy and simultaneously sued St. Clair for negligence.
On March 16, St. Clair filed preliminary objections in response to Johnson’s lawsuit. In them, St. Clair alleges it had nothing to do with Johnson’s not being rehired to his job and motioned to strike the complaint for failure to state a claim.
“Plaintiff concedes that the alleged breach committed by St. Clair did not cause his eventual termination. According to the complaint, plaintiff was not reinstated to his employment because he failed the drug test performed by St. Clair. After plaintiff explained to his employer that he had a Medical Marijuana Card, the employer stated, “That does not matter, because you failed the drug test.”
“Accordingly, by the plain allegations set forth in the complaint, whether St. Clair submitted plaintiff’s Medical Marijuana Card to his employer would not have affected the reinstatement decision. Based solely on the complaint, plaintiff was ultimately not reinstated because of his marijuana use, regardless of whether he was medically permitted to use the drug. Therefore, plaintiff cannot satisfy his burden of showing causation and his claim for negligence should be stricken.”
Additionally, St. Clair argued that any and all claims for negligence, recklessness reckless disregard and punitive damages should be stricken from the complaint for failure to properly plead those claims.
The plaintiff is seeking lost pay, lost bonuses, lost benefits, other financial losses, compensatory damages for emotional pain and suffering, punitive damages, and any other relief the Court deems to be fair and proper in excess of $50,000, exclusive of interest and costs.
The plaintiff is represented by Samuel A. Dion of Dion & Goldberger, in Philadelphia.
The defendant is represented by John C. Conti and David A. Young of Dickie McCamey & Chilcote, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-20-001562
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com