Sherwin-Williams Statement on Denial of Post-Trial Motions in Gaines

October 5, 2009

Statement by Charles H. Moellenberg, Jr., of Jones Day, representing the Sherwin-Williams Company on today’s ruling in Gaines v. Sherwin-Williams Co. that denied a motion seeking a new trial in the case and a motion seeking judgment notwithstanding the verdict:

“The Sherwin-Williams Company respectfully disagrees with the Court’s ruling today and will appeal the jury’s verdict to the Mississippi Supreme Court.

“The evidence presented at trial showed that it was impossible to have either bought or applied Sherwin-Williams’ lead-containing residential paint to this house after 1978. The company had stopped manufacturing any residential paints with lead ingredients by the end of 1972.

“It is important to note that not one fully adjudicated case has held former manufacturers responsible. Throughout its history, Sherwin-Williams has been an industry leader in removing lead ingredients from paints and taking other steps to protect children from poorly maintained paint.”