Sherwin-Williams will appeal the jury verdict

As an exclusive to the blog, Chuck Moellenberg, Jr., partner at Jones Day and a key player in defending Sherwin-Williams in lead paint litigation, says this regarding “Shermeker Pollard, et al. v. The Sherman-Williams Co. Inc. et al.”

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Jones Day partner, product-liability expert – Chuck Moellenberg, Jr., on the record:

“Jane, this ian an one-off, aberrational lead paint product identification case that took years to travel through the Mississippi courts. Unfortunately, when the trial court denied Sherwin-Williams’ change of venue motion, the case had to proceed in Jefferson County, Mississippi, where no out-of-state product manufacturer to our knowledge has been able to win a jury verdict.

“The overwhelming evidence of the case showed that it was impossible for plaintiff’s family to buy lead-based paint made by Sherwin-Williams as they claimed in 1979 and after, because Sherwin-Williams had removed all lead ingredients from all of its residential paints by the end of 1972 at the latest. It had also issued a strong policy memo in 1977 instructing its stores to make certain not to sell any lead-containing paint to residential customers. Moreover, even the plaintiff’s experts conceded that there is no scientific support for plaintiff’s claim that his brief, one-time moderately elevated blood lead level could cause permanent brain damage.

Law and More
6/29/9