Statement on Wisconsin Supreme Court Opinion on Lead Pigment Litigation

Tue Jul 14, 2009 11:10am EDT
 
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MADISON, Wis., July 14 /PRNewswire-USNewswire/ -- Statement by Charles H.
Moellenberg, Jr., an attorney for The Sherwin-Williams Company, on the
Wisconsin Supreme Court's decision in Ruben Baez Godoy v. E.I. DuPont de
Nemours, et. al., a case that began in January 2006: 

"The Wisconsin Supreme Court followed established law by rejecting plaintiff's
claim that lead pigment is defective because it contains lead," said Charles
H. Moellenberg, Jr., an attorney for The Sherwin-Williams Company.  "Lead is
an inherent part of any lead pigment." 

In its opinion today, the Wisconsin Supreme Court affirmed lower court
rulings.  The Supreme Court said:  "We determine that the circuit court
correctly concluded that the complaint failed to state claims of defective
design.  A claim for defective design cannot be maintained where the presence
of lead is the alleged defect in design, and its very presence is a
characteristic of the product itself.  Without lead, there can be no white
lead carbonate pigment.  The complaint fails to allege a design feature that
makes the design of white lead carbonate pigment defective."

"Interior lead-based house paint has not been made in more than 50 years,"
Moellenberg said.  "When it was made, it was sought after because it was
washable and durable.  Federal and state governments recommended and even
required the use of lead paint on government housing projects and other
buildings until the late 1970s.  Litigation alleging novel legal theories
against former manufacturers of a lawful product is a distraction from the
proven solution of enforcing the law against landlords who neglect their
property and expose children to lead paint hazards."

For more information, visit www.leadlawsuits.com
    Contact: Prism Public Affairs
    Dale Leibach
    (202) 207-3630

    Mueller Communications
    Lori Richards
    (414) 390-5500



SOURCE  The Sherwin-Williams Company

Dale Leibach, +1-202-207-3630 or Lori Richards, +1-414-390-5500, both for The
Sherwin-Williams Company

 

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