SmithKline Beecham Corp. v. Doe

In SmithKline Beecham Corp. v. Doe, 903 S.W.2d 347, 351, 38 Tex. Sup. Ct. J. 1058 (Tex. 1995), the Court addressed the related question of whether an independent drug testing laboratory, hired by an employer to test prospective employees, owes a duty to warn those employees that certain substances, if ingested prior to a drug test, could cause a positive test result. 903 S.W.2d at 351. Emphasizing that we were deciding only the narrow question presented, the Court concluded that the testing laboratory owed no duty to warn the person tested or to investigate the reason for a positive result. Id. at 354. The Court declined to address any duty the employer may owe to an employee and expressly reserved the question whether a laboratory may be liable for performing drug tests negligently. Id. at 351.