State by State BreakdownStates with lead pigment litigation activity. Some cases filed against individual companies may not be reflected in this section. ^ Back MississippiThe Sherwin-Williams Company v. Holmes County Location: U.S. Court of Appeals for the Fifth Circuit Capsule Summary: In anticipation of a series of lawsuits by Mississippi school districts and counties seeking funds for lead paint abatement efforts, Sherwin-Williams in 2001 asked a Mississippi federal district court for a declaratory judgment on several key legal issues “to avoid repetitive litigation it would encounter if the state court suits were filed. Resolving the issues with a single ruling could clarify issues for trial and significantly expedite, if not dispose of, any litigation. Specifically, Sherwin-Williams sought rulings on its belief that:
Update: The U.S. Appeals Court for the Fifth Circuit reversed a district court ruling and said that Sherwin-Williams could proceed with its declaratory judgment action. “Sherwin-Williams properly invoked diversity jurisdiction to litigate in a single forum issues that would arise in a number of suits it anticipated facing in different state courts, the Appeals Court said on August 13, 2003. The Appeals Court remanded the case to the district court for further proceedings. The Fifth Circuit also said that Mississippi law requires product identification and that the Federal Hazardous Substances Act pre-empts inadequate warning claims. This case has been dismissed. After receiving assurances that no further school districts would file suit, Sherwin-Williams dismissed the case.
Gaines v. Sherwin-Williams Co.
Location: Circuit Court of Jefferson County, Mississippi
Capsule Summary: Plaintiff Trellvion Gaines, who was 18 years old in 2009, alleges that he had an elevated blood lead level from ingesting lead paint chips when he was 27 months old in 1993. Family members testified that they had bought lead paint made by Sherwin-Williams sometime after 1979 and applied it to his Fayette home. The case was dismissed by Jefferson County Circuit Judge Lamar Pickard on June 9, 2003. Judge Pickard adopted the recommendation of Special Master, William Larry Latham, whom the court appointed to review Sherwin-Williams’ motion for summary judgment. Plaintiffs appealed to the Mississippi Court of Appeals. In September 2005, the Court of Appeals affirmed summary judgment on the basis of the statute of limitations. On February 15, 2007, the Mississippi Supreme Court reversed the decision of the Court of Appeals, holding that the statute of limitations barred the mother’s claim but not the child’s claim. It further held that fact questions existed on product identification and remanded the case for trial.
On June 25, 2009, a Jefferson County jury found in favor of plaintiff, but reduced the amount of damages awarded to $7 million from the plaintiff’s request of $12 million. The trial court refused to allow the jury to consider plaintiff's claim for punitive damages. Sherwin-Williams will appeal the verdict, if post-trial motions are denied. During trial, plaintiff’s family members testified that they had bought lead paint made by Sherwin-Williams in 1979 and later years. However, Sherwin-Williams' evidence showed that Sherwin-Williams had:
The plaintiff, who was captain of his high school basketball team and also played varsity football, alleged that he has been permanently brain damaged by lead, would never work, and needed 24-hour-a day care for the rest of his life. Plaintiff relied on a medical doctor's differential diagnosis and a neuropsychologist's finding of deficits in cognitive functioning. Sherwin-Williams' proof also demonstrated that no medical or scientific literature supports the contention that plaintiff's one-time, brief, moderately elevated blood lead level could cause permanent brain damage. Update: Sherwin-Williams filed Motions for Judgment Notwithstanding the Verdict and for New Trial in July 2009. The court denied these motions in October 2009. On November 12, 2009, Sherwin-Williams filed its Notice of Appeal with the Mississippi Supreme Court. Key Documents:
Jefferson County School District v. Lead Industries Association
Location: Circuit Court of Jefferson County Capsule Summary: Filed in April 2001, this is a suit by the School District for abatement costs of lead paint in its buildings. The claims include product liability, negligence, fraud, concert of action, public nuisance, restitution and conspiracy. Update: On November 13, 2002, the plaintiffs voluntarily dismissed this case with prejudice as against all defendants.
Borden v. Sherwin-Williams Co.
Location U.S. District Court for the Southern District of Mississippi; originally filed in Circuit Court of Jefferson County
Capsule Summary: Originally filed on November 7, 2000, this case involves 18 adults alleging injuries due to lead paint. Three former lead pigment/paint manufacturers are among the 40 defendants sued.
Update: All but one plaintiff stipulated to voluntarily dismiss their claims.
Herman Frederick Jackson v. Philips Building Supply of Laurel
Location: Circuit Court of Claiborne County (originally filed in Jones County)
Capsule Summary: This case was originally filed in January 2002 on behalf of three adult painters who alleged injuries due to occupational exposure to lead paint. The defendants are Sherwin-Williams, NL Industries, PPG, Benjamin Moore, DuPont, Millennium, ICI/Fuller-O'Brien, ICC/Glidden Paints, Phillips Building Supply and Feltus Brothers Hardware.
Update: All but one plaintiff voluntarily dismissed their claims. The claims of the remaining plaintiff, Roy Merrick, were dismissed on summary judgment.
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